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STATE v. NELL

No. 73-948.

297 So.2d 90 (1974)

STATE of Florida, Appellant, v. Richard NELL et al., Appellees.

District Court of Appeal of Florida, Second District.

June 26, 1974.

Attorney(s) appearing for the Case

David Emerson Bruner, County Atty., and Richard D. Sparkman, Asst. County Atty., Naples, for appellant.

No appearance for appellees.

HOBSON, Judge.

This cause is before us on appeal from an order assessing costs and directing the Board of County Commissioners of Collier County to pay the costs expended by appellees in the defense of a criminal cause in which they had been discharged after their convictions had been reversed by the Supreme Court of Florida.

The State contends that the order directing the board to pay costs was issued in direct contravention of F.S. § 939.08 F.S.A.,...

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