Opinion
No. 78-992.
October 11, 1978.
Appeal from Circuit Court, Pinellas County; Mark R. McGarry, Judge.
Jack O. Johnson, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.
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.