JON LESTER SMITH, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Arnold v. State, 356 So. 2d 862 (Fla. 1st DCA 1978)
  …t in any criminal case has been adjudged insolvent, the costs allowed by law shall be paid by the county. That statute has been construed to prohibit the assessment of court costs against a defendant who has been adjudged insolvent. (Smith v. State, 352 So. 2d 1276 (Fla.App. 1st 1977); Cox v. State, 334 So. 2d 568 (Fla.1976) and Mack v. State, 305 So. 2d 264 (Fla. 3rd DCA 1976)) Accordingly, the imposition of costs as a part of the sentence was error and must be reversed. However, the trial court did not err…
• Judah v. State, 654 So. 2d 994 (Fla. 1st DCA 1995)
  …of certain cases. However, in the case at bar, a proper inquiry aimed toward assuring a fair and impartial jury would not have ended with the bare preliminary determination that a prospective juror knew Appellant or his family. Cf. McQuay v. State, 352 So. 2d 1276 (Fla. 1st DCA 1977) (mere fact that juror is acquainted with either attorney in a case is not an automatic basis for disqualification). The potential jurors who knew Appellant and were removed for cause on that ground alone were not subjected to the…
• Hunter v. State, 357 So. 2d 778 (Fla. 1st DCA 1978)
  …that the appellant pay costs of $2 or serve one (1) day of confinement to run concurrently with the sentence. Since the appellant had been found insolvent, the requirement that he pay costs or serve one day of confinement was error. Smith v. State, 352 So. 2d 1276 (Fla. 1st DCA 1977). Judgment and sentence are affirmed except for the assessment of costs and the one day sentence in lieu thereof and the cause is remanded with directions to delete same from the sentence. Such modification may be made without pro…

Authorities Cited

• COX v. State, 334 So. 2d 568 (Fla. 1976)
• Jonah Mack v. State, 305 So. 2d 264 (Fla. 3d DCA 1974)