Wimberly v. State

Full title: CURTIS J. WIMBERLY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Apr 18, 1979

370 So. 2d 60 (Fla. Dist. Ct. App. 1979)

Opinion

Nos. 78-1513, 78-1119, 78-1120, 78-1121 and 78-1238.

April 18, 1979.

Appeals from Circuit Court, Hillsborough County; Harry Lee Coe, III, Judge.

Jack O. Johnson, Public Defender, Bartow, and Karal B. Rushing, Asst. Public Defender, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Richard G. Pippinger, 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).

HOBSON, Acting C.J., and OTT and DANAHY, JJ., concur.