ALFREDO ORTIZ, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Jenkins v. State, 422 So. 2d 1007 (Fla. 1st DCA 1982)
  …not changed. I will appoint the Public Defender. MRS. LEWIS: Thank you, Your Hon- or. Costs should not be assessed against a defendant who has been adjudged to be insolvent. See, Jones v. State, 389 So. 2d 1092 (Fla. 4th DCA 1980); Ortiz v. State, 420 So. 2d 923 (Fla. 2d DCA, 1982). In the case sub judice the defendant Keith Jenkins has been adjudged to be insolvent and this insolvency affirmed at the sentencing hearing. I would reverse the assessment of the $10 and $2 costs against the defendant. However,…
• Wright v. State, 425 So. 2d 64 (Fla. 2d DCA 1982)
  …So. 2d 1102 (Fla. 2d DCA 1982). Finally, since appellant was adjudged indigent, the court improperly assessed him $70 in court costs and $10 to be paid to the Crimes Compensation Trust Fund. That portion of the judgment is stricken. Ortiz v. State, 420 So. 2d 923 (Fla. 2d DCA Oct. 22,1982); Brown v. State, 400 So. 2d 510 (Fla. 2d DCA 1981); Engle v. State, 407 So. 2d 641 (Fla. 2d DCA 1981). Accordingly, appellant’s convictions are affirmed, but the cause is remanded with directions to correct his judgment…
• Easterly v. State, 445 So. 2d 1110 (Fla. 2d DCA 1984)
  …was insolvent. We first note that Easterly had not been found insolvent at the time of sentencing. At that time he was represented by private counsel and was not declared insolvent until some time later. Although Easterly relies on Ortiz v. State, 420 So. 2d 923 (Fla. 2d DCA 1982), in support of his argument, we note that Ortiz applies only to the assessment of costs against a defendant who is insolvent at the time of sentencing. Therefore, we find no error in the trial court’s assessment of fines and costs…

Authorities Cited

• Brown v. State, 400 So. 2d 510 (Fla. 2d DCA 1981)
• Engle v. State, 407 So. 2d 641 (Fla. 2d DCA 1981)
• Ivory v. State, 419 So. 2d 695 (Fla. 2d DCA 1982)