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HUNTER v. STATE

No. HH-391.

357 So.2d 778 (1978)

Charles Lee HUNTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

April 25, 1978.

Attorney(s) appearing for the Case

Michael J. Minerva, Public Defender, and Louis G. Carres, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., for appellee.

PER CURIAM.

Appellant was sentenced to sixty (60) days for attempted petit larceny and five (5) years to run concurrently for burglary of a structure. Further the sentence provided that the appellant pay costs of $2 or serve one (1) day of confinement to run concurrently with the sentence. Since the appellant had been found insolvent, the requirement that he pay costs or serve one day of confinement was error. Smith v. State, 352 So.2d 1276...

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