Brown v. State

Full title: EDWIN LEROICE BROWN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Oct 3, 1979

375 So. 2d 611 (Fla. Dist. Ct. App. 1979)

Opinion

No. 79-393.

October 3, 1979.

Appeal from Circuit Court, Hillsborough County; Thomas A. Miller, Sr., Judge.

Jack O. Johnson, Public Defender, Bartow, and Wayne Chalu, Asst. Public Defender, and Daniel L. Perry, Legal Intern, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Michael A. Palecki, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

We affirm the revocation of appellant's probation, but we remand the case so that the trial court may set aside the order assessing costs against appellant. Since the court had adjudged appellant to be insolvent, it was not authorized to assess costs against him. § 939.15, Fla. Stat. (1977). Cox v. State, 334 So.2d 568 (Fla. 1976).

GRIMES, C.J., and BOARDMAN and RYDER, JJ., concur.