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363 So. 2d 187

McCarter v. State

District Court of Appeal of Florida

Decided October 11, 1978

District Court of Appeal of Florida · decided 1978-10-11

Relies on 334 So. 2d 568 - Cox v. State

Decided 1978-10-11

PER CURIAM.

¶1We affirm appellant’s conviction, but we remand the case so that the trial court may set aside the order assessing costs against appellant. Since the court had adjudged appellant to be insolvent, it was not authorized to assess costs against him. Section 939.15, Florida Statutes (1977); Cox v. State, 334 So.2d 568 (Fla.1976).

HOBSON, Acting C. J., and SCHEB and DANAHY, JJ., concur.
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