Opinion

Brown v. State

  • 400 So. 2d 510
Court
District Court of Appeal of Florida
Filed
Jun 5, 1981
Status
Published
On the bench
Hobson
Cited by
16 cases
Authority
More cited than 99.4%

The opinion

400 So.2d 510 (1981)

Samuel Edward BROWN, Appellant,

v.

STATE of Florida, Appellee.

No. 80-2322.

District Court of Appeal of Florida, Second District.

June 5, 1981.

Rehearing Denied July 8, 1981.

Jerry Hill, Public Defender and William H. Pasch, Asst. Public Defender, Bartow, for appellant.

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

HOBSON, Acting Chief Judge.

Appellant's judgment and sentence as to attempted grand theft is reversed. See Miles v. State, 374 So.2d 1167 (Fla. 2d DCA 1979), and McIntyre v. State, 380 So.2d 1064 (Fla. 2d DCA 1980). Further, in view of the fact that appellant was insolvent, the trial court erred in assessing him court costs in the amount of $500 and requiring him to pay $10 to the Crime Victim Fund. See Hensley v. State, 363 So.2d 352 (Fla. 2d DCA 1978) and Armstrong v. State, 377 So.2d 205 (Fla. 2d DCA 1979).

Accordingly, the judgment and sentence of robbery and false imprisonment is affirmed. The judgment and sentence of attempted grand theft is reversed. That portion of the order assessing court costs and requiring appellant to pay money to the Crime Victim Fund is stricken.

OTT and RYDER, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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