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Brownlee v. State

District Court of Appeal of Florida, Second District
Apr 27, 1984
448 So. 2d 1249 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-1680.

April 27, 1984.

Appeal from Circuit Court, Sarasota County; Andrew D. Owens, Judge.

Jerry Hill, Public Defender, and Gerald O. Johnson, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Theda James Davis, Asst. Atty. Gen., Tampa, for appellee.


After reviewing the briefs and record on appeal in this case, we find the appellant has failed to demonstrate any reversible error, and we, therefore, affirm the judgments and sentences.

However, in the case sub judice, the trial court adjudged appellant insolvent. Thereafter, the court assessed costs against appellant in the amount of $10 pursuant to section 960.20, Florida Statutes (1981) (Crimes Compensation Trust Fund) and $2 pursuant to section 943.25(4), Florida Statutes (1981) (Law Enforcement Training and Correctional Officer Training Trust Fund). Appellant was not given adequate notice of, nor afforded an opportunity to object to, this assessment. Jenkins v. State, 444 So.2d 947 (Fla. 1984). Accordingly, we hereby strike these costs. This decision is without prejudice to the trial court assessing costs against the appellant in accordance with Jenkins.

CAMPBELL, A.C.J., and SCHOONOVER and LEHAN, JJ., concur.


Summaries of

Brownlee v. State

District Court of Appeal of Florida, Second District
Apr 27, 1984
448 So. 2d 1249 (Fla. Dist. Ct. App. 1984)
Case details for

Brownlee v. State

Case Details

Full title:ISAAC BROWNLEE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Apr 27, 1984

Citations

448 So. 2d 1249 (Fla. Dist. Ct. App. 1984)