Nadjowski v. State

District Court of Appeal of Florida

Decided May 30, 1979

District Court of Appeal of Florida · decided 1979-05-30

Relies on 334 So. 2d 568 - Cox v. State · 350 So. 2d 559 - Sing Eng v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1979-05-30

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Cited by 9 later decisions — most recently September 2020

7 state decisions

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PER CURIAM.

¶1We remand so that the lower court may correct the written order revoking appellant’s probation to conform to the court’s oral pronouncement, by striking the finding of violation of conditions 2 and 3. See Sing Eng v. State, 350 So.2d 559 (Fla.2d DCA 1977).

¶2On remand, the trial court should also 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. Cox v. State, 334 So.2d 568 (Fla.1976); § 939.15, Fla.Stat. (1977).

¶3We otherwise affirm the order of revocation, judgment, and sentence.

GRIMES, C. J., and HOBSON and DAN-AHY, JJ., concur.