RICHARD THOMAS LAYTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Court Costs cases and more on FLexlaw
PER CURIAM.
This case comes to us on appeal pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Appellant has been given an opportunity to file a supplemental brief in proper person but has chosen not to respond. Accordingly, having reviewed both the Anders brief filed by the public defender and the record on appeal, we find no reversible error with respect to the judgment and sentence. “However, because the appellant was found insolvent by the trial court, that portion of the court’s order requiring the appellant to pay court costs and to make payments to the Victim’s Crime Compensation Fund is stricken.” Music v. State, 429 So. 2d 101 (Fla. 2d DCA 1983); see also Brown v. State, 427 So. 2d 271 (Fla. 2d DCA 1983).
Affirmed as modified.
HOBSON, A.C.J., and BOARDMAN and RYDER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Soller v. State, 666 So. 2d 992 (Fla. 5th DCA 1996)…in this case tended to impeach one of the state’s witnesses and to bolster [Barbuto’s] own credibility. A representation is material if it has the mere potential to affect the resolution of a main or secondary issue before the court. Kline v. State, 444 So. 2d 1102 (Fla. 1st DCA 1984), petition for review denied, 451 So. 2d 849 (Fla.1984). Misrepresentations wMch tend to bolster the credibility of a witness, whether they are successful or not, have that potential and are regarded as material for purposes of a…1 / 2
-
State v. Lauri A. Ellis, 722 So. 2d 824 (Fla. 1st DCA 1997)…eve to be true, under oath in an official proceeding in regard to any material matter shall be guilty of a felony.... It is clear that materiality is an element of the crime in this case, and Gaudin thus supersedes decisions such as Kline v. State, 444 So. 2d 1102 (Fla. 1st DCA), rev. denied, 451 So. 2d 849 (Fla.1984), which permitted the issue to be withdrawn from the jury. Although section 837.011(3) provides a definition of materiality in such prosecutions, and states that whether a matter is “material in…1 / 2
-
State v. Barbuto, 571 So. 2d 484 (Fla. 2d DCA 1990)…s case tended to impeach one of the state’s witnesses and to bolster the appellee’s own credibility. A misrepresentation is material if it has the mere potential to affect the resolution of a main or secondary issue before the court. Kline v. State, 444 So. 2d 1102 (Fla. 1st DCA 1984), pet. for rev. denied, 451 So. 2d 849 (Fla.1984). Misrepresentations which tend to bolster the credibility of a witness, whether successful or not, have that potential and are regarded as material for purposes of a perjury convic…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Brown v. State, 427 So. 2d 271 (Fla. 2d DCA 1983)
- Music v. State, 429 So. 2d 101 (Fla. 2d DCA 1983)