¶1Appellant was sentenced to five years for burglary and 10 years to run concurrently for aggravated battery. In addition, the sentence provided that appellant pay costs of $2 or serve one day of confinement to run concurrently with the sentence. Appellant having been found insolvent, the requirement that he pay costs or serve one day of confinement (even though concurrently) was error. Cox v. State, 334 So.2d 568 (Fla.1976), and Mack v. State, 305 So.2d 264 (Fla. 3 DCA 1974). The 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 pronouncement in open court.
352 So. 2d 1276
Smith v. State
District Court of Appeal of Florida
Decided December 22, 1977
District Court of Appeal of Florida · decided 1977-12-22
Relies on 334 So. 2d 568 - Cox v. State · MacK v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1977-12-22
How this case has been cited
Cited by 5 later decisions — most recently November 2009
5 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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