JOHN HENSLEY, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOHN HENSLEY, JR., APPELLANT,
STATE OF FLORIDA, APPELLEE
363 So. 2d 352
Florida District Court of Appeal, Second District (1978)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
We affirm the judgment of the trial court. However, we agree with appellant that the present sentence does not specify the amount of credit for time served in jail as Section 921.161(1), Florida Statutes (1975) requires. Knight v. State, 349 So. 2d 232 (Fla.2d DCA 1977). Moreover it was error for the trial court to assess court costs against appellant after he had been adjudged insolvent. Cox v. State, 334 So. 2d 568 (Fla.1976). Therefore, we reverse the order assessing costs against appellant and release appellant from any obligation to pay these costs.
We remand the case to the trial court for correction of sentence. Appellant does not have to be present for this proceeding.
SCHEB, A. C. J., and OTT and DAN-AHY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Brown v. State, 400 So. 2d 510 (Fla. 2d DCA 1981)…ate, 380 So. 2d 1064 (Fla. 2d DCA 1980). Further, in view of the fact that appellant was insolvent, the trial court erred in assessing him court costs in the amount of $500 and requiring him to pay $10 to the Crime Victim Fund. See Hensley v. State, 363 So. 2d 352 (Fla. 2d DCA 1978) and Armstrong v. State, 377 So. 2d 205 (Fla. 2d DCA 1979). Accordingly, the judgment and sentence of robbery and false imprisonment is affirmed. The judgment and sentence of attempted grand theft is reversed. That portion of the…
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Armstrong v. State, 377 So. 2d 205 (Fla. 2d DCA 1979)…art of defendant from criminal conduct of a third party. Since the case must be returned to the trial court, we point out that the assessment of court costs against the defendant should not have been ordered since he was indigent. Hensley v. State, 363 So. 2d 352 (Fla. 2d DCA 1978). The judgment of guilt and sentence are reversed, and the cause is remanded for a new trial. HOBSON, Acting C. J., concurs. OTT, J., dissents without opinion.…
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Pasquale Iannucci v. State, 400 So. 2d 139 (Fla. 5th DCA 1981)…e amount of credit, we remand this case for resentencing. Kreiser v. State, 380 So. 2d 455 (Fla. 5th DCA 1980). The term “at hard labor” also should be stricken. Appellant need not be present for the sentence correction proceeding. Hensley v. State, 363 So. 2d 352 (Fla. 2d DCA 1978). AFFIRMED AND REMANDED FOR RESENTENCING. ORFINGER and COWART, JJ., concur. . This is a belated appeal stemming from a jury trial on February 4, 1975. Appellant’s first notice of appeal, filed on-March 24, 1975, was dismissed on…
Authorities Cited
- COX v. State, 334 So. 2d 568 (Fla. 1976)
- Div. of Fam. Servs. (now Soc. & Econ. Services) Dep't of Health & Rehabilitative Servs. v. In the Interest of M. V. W., 349 So. 2d 232 (Fla. 1st DCA 1977)