Opinion
No. 78-2282/NT 4-9.
August 22, 1979.
Appeal from the Circuit Court, Seminole County, Robert B. McGregor, J.
David M. Porter, Public Defender, Titusville, and Joan H. Bickerstaff, Asst. Public Defender, Cocoa Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Glenn H. Mitchell, Asst. Atty. Gen., West Palm Beach, for appellee.
The order appealed in this case is affirmed except that portion which requires payment of court costs. It is error to require an indigent person to pay court costs. Byrd v. State, 353 So.2d 1228 (Fla. 4th DCA 1978); Cox v. State, 334 So.2d 568 (Fla. 1976). The order is hereby modified to delete the requirement of payment of court costs.
AFFIRMED as modified.
JOHN H. MOORE, II, and JOHN R. BERANEK, Associate Judges, concur.