BELINDA JOYCE NADJOWSKI, A/K/A BRENDA NADJOWSKI, A/K/A SUSAN ALEXSANDRIA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1979-05-30
No. 78-2015
GRIMES, C. J., and HOBSON and DAN-AHY, JJ., concur.
371 So. 2d 554 Florida District Court of Appeal, Second District (1979) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We remand so that the lower court may correct the written order revoking appellant’s probation to conform to the court’s oral pronouncement, by striking the finding of violation of conditions 2 and 3. See Sing Eng v. State, 350 So. 2d 559 (Fla.2d DCA 1977).

On remand, the trial court should also 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. Cox v. State, 334 So. 2d 568 (Fla.1976); § 939.15, Fla.Stat. (1977).

We otherwise affirm the order of revocation, judgment, and sentence.

GRIMES, C. J., and HOBSON and DAN-AHY, JJ., concur.


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  • RAS v. State, 610 So. 2d 24 (Fla. 2d DCA 1992)
    …at Ras possessed the cocaine. We have looked at whether the evidence could support a conviction of aiding and [*26] abetting the purchase. An aider and abettor of a purchase does not necessarily aid and abet the possession. Cf. Stephenson v. State, 371 So. 2d 554 (Fla. 2d DCA 1979); Daudt v. State, 368 So. 2d 52 (Fla. 2d DCA), cert. denied, 376 So. 2d 76 (Fla.1979); Kickasola v. State, 405 So. 2d 200 (Fla. 3d DCA 1981) (aiding and abetting a sale does not constitute aiding and abetting possession).1 We have…
  • Kickasola v. State, 405 So. 2d 200 (Fla. 3d DCA 1981)
    …as the defendant was not charged with the sale of methaqualudes. However, the law is clear that one is not guilty of possession by virtue of aiding and abetting a sale. Daudt v. State, 368 So. 2d 52 (Fla.2d DCA 1979). See also, Stephenson v. State, 371 So. 2d 554 (Fla.2d DCA 1979). [*202] There was no showing that the defendant had free access to the bedroom where the methaqualudes were located or that she had access to either the tool box in which the contraband was located or the key to open it. In this c…
  • L.J. v. State, 578 So. 2d 360 (Fla. 3d DCA 1991)
    …State, 179 So. 2d 873, 877 (Fla. 2d DCA 1965). . Daudt v. State, 368 So. 2d 52 (Fla. 2d DCA), cert. denied, 376 So. 2d 76 (Fla.1979); DiSangro v. State, 422 So. 2d 14 (Fla. 4th DCA 1982, rev. denied, 434 So. 2d 887 (Fla.1983); Stephenson v. State, 371 So. 2d 554 (Fla. 2d DCA 1979); Range v. State, 368 So. 2d 366 (Fla. 2d DCA 1979). .Where, however, contraband drugs are not physically possessed by anyone, but are located on private premises jointly controlled and occupied by two or more people, such persons…

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