MARCUS DUANE BUTLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MARCUS DUANE BUTLER, APPELLANT,
STATE OF FLORIDA, APPELLEE
498 So. 2d 611
Florida District Court of Appeal, Fifth District (1986)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We affirm defendant’s conviction and sentence except the assessment of $200 costs imposed pursuant to section 27.3455, Florida Statutes, which is vacated because the defendant had earlier been found to be insolvent and the record fails to show that the trial court gave the defendant an opportunity to be heard as to his ability to pay the costs imposed and, alternatively, failed to give the indigent defendant a term of community service in lieu of payment of costs. See Evins v. State, 497 So. 2d 1293 (Fla. 5th DCA 1986); Gaffney v. State, 497 So. 2d 1292 (Fla. 5th DCA 1986).
AFFIRMED in part; REVERSED in part; REMANDED.
ORFINGER, SHARP and COWART, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Outar v. State, 508 So. 2d 1311 (Fla. 5th DCA 1987)…y 7, 1987). . See Delifus v. State, 507 So. 2d 753 (Fla. 5th DCA 1987); Harris v. State, 507 So. 2d 1133 (Fla. 5th DCA 1987); Hardy v. State, 503 So. 2d 453 (Fla. 5th DCA 1987); Chance v. State, 498 So. 2d 1064 (Fla. 5th DCA 1986); Butler v. State, 498 So. 2d 611 (Fla. 5th DCA 1986); Evins v. State, 497 So. 2d 1293 (Fla. 5th DCA 1986); Gaffney v. State, 497 So. 2d 1292 (Fla. 5th DCA 1986), re [*1312] view denied, 506 So. 2d 1041 (Fla.1987); Gordon v. State, 497 So. 2d 661 (Fla. 5th DCA 1986); Maxwell v. Stat…1 / 2
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Thomas v. State, 512 So. 2d 1099 (Fla. 5th DCA 1987)…2d 947 (Fla.1984); Harris v. State, 507 So. 2d 1133 (Fla. 5th DCA 1987); Delifus v. State, 507 So. 2d 753 (Fla. 5th DCA 1987); Hardy v. State, 503 So. 2d 453 (Fla. 5th DCA 1987); Chance v. State, 498 So. 2d 1064 (Fla. 5th DCA 1986); Butler v. State, 498 So. 2d 611 (Fla. 5th DCA 1986); Evins v. State, 497 So. 2d 1293 (Fla. 5th DCA 1986); Gaffney v. State, 497 So. 2d 1292 (Fla. 5th DCA 1986), review denied, 506 So. 2d 1041 (Fla.1987); Gordon v. State, 497 So. 2d 661 (Fla. 5th DCA 1986), affirmed, 509 So. 2d 924…1 / 2
Authorities Cited
- Gaffney v. State, 497 So. 2d 1292 (Fla. 5th DCA 1986)
- Evins v. State, 497 So. 2d 1293 (Fla. 5th DCA 1986)