OTIS BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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OTT, Judge.
In view of the fact that appellant was declared insolvent, the trial court erred in assessing him court costs in the amount of $2 and requiring him to pay $10 to the crime compensation fund.
The issue of whether appellant’s sentence is illegal under Villery v. Florida Parole and Probation Commission, 396 So. 2d 1107 (Fla.1981), is raised for the first time on this appeal. We therefore decline to address the question. See Gemmell v. State, 403 So. 2d 629 (Fla.2d DCA 1981). But also see Lewis v. State, 402 So. 2d 482 (Fla.2d DCA 1981), for sentencing alternatives.
That portion of the order assessing court costs and requiring appellant to pay into the crime compensation fund is stricken. As thereby amended, the judgment and sentence are AFFIRMED 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.
GRIMES, A. C. J., and SCHOONOVER, J., concur.
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Citator
Cited By
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Tindell v. State, 423 So. 2d 635 (Fla. 2d DCA 1982)…, 308 So. 2d 171 (Fla. 1st DCA 1975). Appellant was also ordered to pay $2.00 in court costs and $10.00 to the Crimes Compensation Trust Fund. As appellant was declared insolvent by the trial court, these costs are hereby stricken. Brown v. State, 407 So. 2d 290 (Fla. 2d DCA 1981). We, therefore, AFFIRM the conviction of appellant, but remand the cause for entry of a judgment and sentence consistent with this court’s opinion. CAMPBELL and SCHOONOVER, JJ., concur.…
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LEE v. State, 429 So. 2d 813 (Fla. 2d DCA 1983)…inting trial counsel and appellate counsel. There is no evidence in the record that Lee is able to pay court costs. Therefore, the imposition of $80.00 in court costs was improper. Tindell v. State, 423 So. 2d 635 (Fla. 2d DCA 1982); Brown v. State, 407 So. 2d 290 (Fla. 2d DCA 1981). The court costs must be stricken. We also note that Lee was ordered to pay a lien in the amount of $1,400.00 for court-appointed counsel as condition of any parole. While the trial court may make recommendations concerning paro…
Authorities Cited
- Villery v. The Fla. Parole & Prob. Comm'n, 396 So. 2d 1107 (Fla. 1980)
- Lewis v. State, 402 So. 2d 482 (Fla. 2d DCA 1981)
- Mickey Lamont Buie v. State, 403 So. 2d 629 (Fla. 1st DCA 1981)