EDWIDGE CADET, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
EDWIDGE CADET, APPELLANT,
STATE OF FLORIDA, APPELLEE
478 So. 2d 122
Florida District Court of Appeal, Fourth District (1985)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Appellant’s probation was revoked in open court based upon his conviction of uttering a forgery and grand theft. The written judgment also included as a ground for revocation resisting arrest. We modify the judgment by eliminating the finding of resisting arrest and, as modified, affirm the revocation of probation.
AFFIRMED AS MODIFIED.
DOWNEY, GLICKSTEIN and WALDEN, JJ., concur.
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Johnson v. State, 486 So. 2d 657 (Fla. 4th DCA 1986)…ion to assess costs against the defendant, we follow Davis v. State, 477 So. 2d 47 (Fla. 4th DCA 1985) (Per curiam) (“[I]f the sentence includes assessment of costs against appellant, that aspect of the sentence is stricken”); and Williams v. State, 478 So. 2d 122 (Fla. 4th DCA 1985) (Per curiam) (“The form of the judgment contained an assessment of costs, which we strike.”). LETTS and DELL, JJ., concur.…
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Evans v. State, 490 So. 2d 1071 (Fla. 4th DCA 1986)…nd III, see Kelly v. State, 414 So. 2d 1117 (Fla. 4th DCA 1982); and to strike the. assessment of costs imposed upon this indigent defendant since it appears from the record that the trial court did not intend to impose costs. See Williams v. State, 478 So. 2d 122 (Fla. 4th DCA 1985); Davis v. State, 477 So. 2d 47 (Fla. 4th DCA 1985). AFFIRMED; REMANDED FOR CORRECTION. LETTS, WALDEN and GUNTHER, JJ., concur.…