Murph v. State

Full title: CALVIN E. MURPH, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Apr 25, 1979

370 So. 2d 68 (Fla. Dist. Ct. App. 1979)

Opinion

No. 78-678.

April 25, 1979.

Appeal from Circuit Court, Pinellas County; Maynard F. Swanson, Judge.

Jack O. Johnson, Public Defender, Paul C. Helm, Asst. Public Defender and Brent A. Woolbright, Legal Intern, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and William I. Munsey, 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 orders assessing costs against appellant. Since the court had adjudged appellant to be insolvent, it was not authorized to assess costs against him. § 939.15, Fla. Stat. (1977); Cox v. State, 334 So.2d 568 (Fla. 1976).

GRIMES, C.J., and HOBSON and SCHEB, JJ., concur.