Donaldson v. State

Full title: ANTHONY DONALDSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Nov 8, 1978

364 So. 2d 512 (Fla. Dist. Ct. App. 1978)

Opinion

No. 78-719.

November 8, 1978.

Appeal from Circuit Court, Pinellas County; Philip A. Federico, Judge.

Jack O. Johnson, Public Defender, Paul C. Helm, Asst. Public Defender, and David Wm. Boone, Legal Intern, Bartow, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Richard G. Pippinger, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

We affirm appellant's conviction, 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. Section 939.15, Florida Statutes (1977); Cox v. State, 334 So.2d 568 (Fla. 1976).

HOBSON, Acting C.J., and SCHEB and DANAHY, JJ., concur.