McPHERSON v. STATE

No. 79-281.

376 So.2d 898 (1979)

Larry Donell McPHERSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 7, 1979.


Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, Bartow, and Susan G. Sexton, Asst. Public Defender, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and William I. Munsey, Jr., 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. § 939.15, Fla. Stat. (1977); Cox v. State, 334 So.2d 568 (Fla. 1976).

GRIMES, C.J., and SCHEB and DANAHY...

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