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400 So. 2d 510

Docket No. 80-2322.

Brown v. State

Samuel Edward BROWN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided June 5, 1981.

Rehearing Denied July 8, 1981.

District Court of Appeal of Florida · decided 1981-06-05

Cited by 16 later decisions — most recently November 1983

16 state decisions

Relies on Miles v. State · 377 So. 2d 205 - Armstrong v. State · Linares v. Cricket Casuals

Good law ✅— No negative treatment on recordhow we know

Decided 1981-06-05

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¶1Jerry Hill, Public Defender and William H. Pasch, Asst. Public Defender, Bartow, for appellant.

¶2Jim Smith, Atty. Gen., Tallahassee and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.

¶3HOBSON, Acting Chief Judge.

¶4Appellant's judgment and sentence as to attempted grand theft is reversed. See Miles v. State,374 So.2d 1167 (Fla. 2d DCA 1979), and McIntyre v. State,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).

¶5Accordingly, 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 order assessing court costs and requiring appellant to pay money to the Crime Victim Fund is stricken.

¶6OTT and RYDER, JJ., concur.

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