Jackson v. State

Full title: WALTER JACKSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: May 16, 1979

371 So. 2d 194 (Fla. Dist. Ct. App. 1979)

Opinion

No. 78-1795.

May 16, 1979.

Appeal from Circuit Court, Pinellas County; John S. Andrews, Judge.

Jack O. Johnson, Public Defender, and P. Douglas Brinkmeyer and David A. Davis, Asst. Public Defenders, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Charles Corces, Jr., 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.