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GAFFNEY v. STATE

No. 85-1898.

497 So.2d 1292 (1986)

Johnny Ray GAFFNEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 13, 1986.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Michael S. Becker, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Jim Easley, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

We affirm defendant's conviction and sentence. However, while we uphold the constitutionality of section 27.3455, Florida Statutes,1 we vacate the assessment of $200 in court costs imposed on the defendant pursuant to that statute because the record fails to show that the defendant was given notice of, and an opportunity to object to, the imposition of these costs. Further, the defendant had earlier been found to be insolvent...

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