Opinion

Brown v. State

  • 407 So. 2d 289
  • 1981 Fla. App. LEXIS 21832
Court
District Court of Appeal of Florida
Filed
Dec 9, 1981
Status
Published
On the bench
Boardman, Campbell, Schoonover
Cited by
0 cases
Authority
More cited than 25.9%

The opinion

PER CURIAM.

The judgment and sentence is affirmed. However, in view of the fact that appellant was insolvent, the trial court erred in assessing him costs in the amount of $2.00 and requiring him to pay $10.00 to the crime compensation fund. See Brown v. State, 400 So.2d 510 (Fla. 2nd DCA 1981). The issue of whether appellant’s sentence is illegal under Villery v. Florida Parole & Probation Commission, 396 So.2d 1107 (Fla.1981) is raised for the first time on appeal. Because Villery suggests that our supreme court contemplated that this issue be brought to the attention of the trial court in the first instance, we do not consider it on appeal.

Accordingly, the judgment and sentence is affirmed. That portion of the order assessing court costs and requiring appellant to pay into the crime compensation fund is stricken. This affirmance is without prejudice to appellant’s raising the Villery issue in the trial court by filing a motion pursuant to Florida Rule of Criminal Procedure 3.850.

BOARDMAN, A.C.J., and CAMPBELL and SCHOONOVER, 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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