LEON L. SNOW, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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COBB, Judge.
What mighty contests rise from trivial things!1 The sole issue on appeal is whether the lower court erred by assessing upon the defendant, adjudged insolvent, a five percent fine surcharge and court costs of $11.50. The surcharge is affirmed. See § 960.25, Fla.Stat. (1981); State v. Champe, 373 So. 2d 874 (Fla.1978); Nash v. State, 434 So. 2d 33 (Fla. 2d DCA), review denied, 438 So. 2d 833 (Fla.1983). The record does not reflect that the lower court assessed court costs pursuant to section 27.56, Florida Statutes (1981); therefore, the assessment is STRICKEN. Jenkins v. State, 444 So. 2d 947 (Fla.1984); Anderson v. State, 415 So. 2d 49 (Fla. 2d DCA 1982). In all other respects, the judgment and sentence are AFFIRMED.
FRANK D. UPCHURCH, Jr. and SHARP, JJ., concur. . Alexander Pope, The Rape of the Lock (1712). 448So. 2d — 28
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Citator
Cited By
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McDOWELL v. State, 491 So. 2d 594 (Fla. 5th DCA 1986)…sed court costs on an indigent defendant. McDowell contends that assessment of costs was improper because: 1) costs cannot be assessed absent a finding the defendant has the ability to pay, Jenkins v. State, 444 So. 2d 947 (Fla.1984); Snow v. State, 448 So. 2d 1246 (Fla. 5th DCA 1984); and 2) the assessment of costs under section 27.3455, Florida Statutes (1985) constitutes a violation of the ex post facto doctrine. McDowell also contends that if section 27.3455 applies, he is eligible for community service in…
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Jones v. State, 481 So. 2d 516 (Fla. 4th DCA 1985)…nd for reconsideration of the sentence according to Albritton v. State 476 So. 2d 158 (Fla.1985), and so that the trial court may appropriately supply the written reasons for departure. We approve the statutory fine upon authority of Snow v. State, 448 So. 2d 1246 (Fla. 5th DCA 1984). Reversed and remanded for resentencing in accordance herewith. DOWNEY and WALDEN, JJ., and WES-SEL, JOHN D., Associate Judge, concur.…
Authorities Cited
- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)
- State v. Champe, 373 So. 2d 874 (Fla. 1978)
- Zdenka Slomovic v. McLOON, 415 So. 2d 49 (Fla. 4th DCA 1982)
- Anderson v. State, 415 So. 2d 49 (Fla. 2d DCA 1982)
- Nash v. State, 434 So. 2d 33 (Fla. 2d DCA 1983)