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DONALDSON v. STATE

No. 78-719.

364 So.2d 512 (1978)

Anthony DONALDSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 8, 1978.

Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, Paul C. Helm, Asst. Public Defender, and David Wm. Boone, Legal Intern, Bartow, for appellant.

Robert L. Shevin, 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 order assessing costs against appellant. Since the court had adjudged appellant to be insolvent, it was not authorized to assess costs against him. Section 939.15, Florida Statutes (1977); Cox v. State, 334 So.2d 568 (Fla. 1976).

HOBSON, Acting C.J., and SCHEB and DANAHY...

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