SAMUEL EDWARD BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1981-06-05
No. 80-2322
OTT and RYDER, JJ., concur.
400 So. 2d 510 Florida District Court of Appeal, Second District (1981) Caution
Cited by 32 cases


Opinion of the Court
HOBSON, Acting Chief Judge.

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.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (16 total)

  • Brown v. State, 427 So. 2d 271 (Fla. 2d DCA 1983)
    …, which requires the county in which the crime was committed to pay court costs for an insolvent defendant. This rationale has been generally extended by this court and other courts as a mandate to strike other additional costs.3 See Brown v. State, 400 So. 2d 510 (Fla. 2d DCA 1981); Engle v. State, 407 So. 2d 641 (Fla. 2d DCA 1981); Johnson v. State, 419 So. 2d 412 (Fla. 2d DCA 1982); Ivory v. State, 419 So. 2d 695 (Fla. 2d DCA 1982). But see Griggs v. State, 416 So. 2d 1270 (Fla. 5th DCA 1982). Therefore, w…
  • Engle v. State, 407 So. 2d 641 (Fla. 2d DCA 1981)
    …M. The judgment and sentence is affirmed. However, that portion of the court’s order requiring appellant to pay money to the Victim’s Crime Compensation Fund is stricken because the appellant was found insolvent by the trial court. Brown v. State, 400 So. 2d 510 (Fla.2d DCA 1981). SCHEB, C. J., and GRIMES and CAMPBELL, JJ., concur.…
  • Ivory v. State, 419 So. 2d 695 (Fla. 2d DCA 1982)
    …om are affirmed. However, that portion of the judgment ordering the appellant to pay court costs to [*696] taling $490 and $10 to the Crimes Compensation Fund is stricken because the appellant was insolvent at the time of sentencing. Brown v. State, 400 So. 2d 510 (Fla. 2d DCA 1981); Engle v. State, 407 So. 2d 641 (Fla. 2d DCA 1981). GRIMES, A. C. J., and RYDER and SCHOONOVER, JJ., concur.…

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