Opinion
No. 83-671.
August 3, 1983. Rehearing Denied September 15, 1983.
Appeal from Circuit Court, Polk County; Charles A. Davis, Acting Circuit Judge.
Jerry Hill, Public Defender, and W.C. McLain, Asst. Public Defender, Bartow, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Diane Barrs, Asst. Atty. Gen., Tampa, for appellee.
We find error only in the court's assessment of costs. Accordingly, we strike the trial court's assessment of $2 court costs, and $10 assessed for the Crimes Compensation Trust Fund. These assessments were improper since appellant had been adjudged insolvent. Cox v. State, 334 So.2d 568 (Fla. 1976); Johnson v. State, 403 So.2d 626 (Fla. 2d DCA 1981). Otherwise, we affirm the judgment and sentence of the trial court.
We previously certified to the supreme court the question of whether costs may be assessed for the Crimes Compensation Trust Fund and Law Enforcement Officers Training Trust Fund against a defendant who had been adjudged insolvent. Brown v. State, 427 So.2d 271 (Fla. 2d DCA 1983).
HOBSON, A.C.J., and RYDER and CAMPBELL, JJ., concur.