CHRISTOPHER GARLAND, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1988-05-19
No. 87-1813
DAUKSCH, COWART and DANIEL, JJ., concur.
524 So. 2d 1170 Florida District Court of Appeal, Fifth District (1988) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The orders placing defendant on probation are affirmed, except for the requirement that the indigent defendant perform community service in lieu of the costs specified in section 27.3455(1), Florida Statutes (1985). At the time the orders were entered, the statute had been amended to delete the community service alternative. See Sims v. State, 520 So. 2d 675 (Fla. 5th DCA 1988); Hansley v. State, 514 So. 2d 1135 (Fla. 5th DCA 1987); Johnson v. State, 513 So. 2d 1107 (Fla. 5th DCA 1987). We therefore strike the requirement for community service.

AFFIRMED, as modified.

DAUKSCH, COWART and DANIEL, JJ., concur.


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  • Kinser v. State, 531 So. 2d 429 (Fla. 4th DCA 1988)
    …PER CURIAM. AFFIRMED, except that the imposition of community service in lieu of costs is stricken. See Garland v. State, 524 So. 2d 1170 (Fla. 5th DCA 1988). This is without prejudice to the state’s right to apply for an assessment of costs after notice and hearing under section 27.3455, Florida Statutes (1985), as amended. See Mays v. State, 519 So. 2d 618 (Fla.1988). HERSEY, C.J.…

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