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SMITH v. STATE

No. GG-425.

352 So.2d 1276 (1977)

Jon Lester SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 22, 1977.

Attorney(s) appearing for the Case

Michael J. Minerva, Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., for appellee.

PER CURIAM.

Appellant was sentenced to five years for burglary and 10 years to run concurrently for aggravated battery. In addition, the sentence provided that appellant pay costs of $2 or serve one day of confinement to run concurrently with the sentence. Appellant having been found insolvent, the requirement that he pay costs or serve one day of confinement (even though concurrently) was error. Cox v. State, 334 So.2d 568

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