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LANGSTON v. STATE

No. 78-1827.

371 So.2d 202 (1979)

Charles Edward LANGSTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 18, 1979.

Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, P. Douglas Brinkmeyer, Asst. Public Defender and David A. Davis, Legal Intern, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

The revocation of appellant's probation is affirmed, but we remand for correction of the order of revocation and the judgment and sentence.

The order assessing costs against appellant must be set aside. Since the trial 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).

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