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Marshall v. State

District Court of Appeal of Florida, Second District
Feb 20, 1985
463 So. 2d 375 (Fla. Dist. Ct. App. 1985)

Opinion

No. 84-489.

January 18, 1985. Rehearing Denied February 20, 1985.

Appeal from Circuit Court, Sarasota County; Andy Owens, Judge.

Morris Silberman, Law Offices of Peter M. de Manio, P.A., Sarasota, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Gary O. Welch, Asst. Atty. Gen., Tampa, for appellee.


After reviewing the briefs and record on appeal, we find the appellant has failed to demonstrate any reversible error. We do find error, however, in the assessment of costs against the appellant.

After adjudging the appellant insolvent, the trial court assessed costs against him in the amount of $15 pursuant to section 960.20, Florida Statutes (1983) (Crimes Compensation Trust Fund), $2 pursuant to section 943.25(4), Florida Statutes (1983) (Law Enforcement Training and Correctional Officer Training Trust Fund), and $2 pursuant to section 943.25(8), Florida Statutes (1983) (Criminal Justice Education and Training Fund). Since appellant was adjudged insolvent but was not given either adequate notice of the assessment, or an opportunity to object to it, we hereby strike the costs. Jenkins v. State, 444 So.2d 947 (Fla. 1984). This decision is without prejudice to the trial court assessing costs against the appellant in accordance with the requirements of Jenkins.

In all other respects, the judgment and sentence is affirmed.

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


Summaries of

Marshall v. State

District Court of Appeal of Florida, Second District
Feb 20, 1985
463 So. 2d 375 (Fla. Dist. Ct. App. 1985)
Case details for

Marshall v. State

Case Details

Full title:ELMER EUGENE MARSHALL, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Feb 20, 1985

Citations

463 So. 2d 375 (Fla. Dist. Ct. App. 1985)