438 SO2D 540 - Bertram v. State

PER CURIAM.

¶1We find error only in the court’s assessment of costs. Accordingly, we strike the trial court’s assessment of $2 court costs and $10 assessed for the Crimes Compensation Trust Fund.1 These assessments were improper since appellant had been adjudged insolvent. Cox v. State, 334 So.2d 568 (Fla.1976); Johnson v. State, 403 So.2d 626 (Fla. 2d DCA 1981). Otherwise, we affirm the judgment and sentence of the trial court.

HOBSON, A.C.J., and DANAHY and CAMPBELL, JJ., concur.

¶2. We previously certified to the supreme court the question of whether costs may be assessed for the Crimes Compensation Trust Fund and Law Enforcement Officers Training Trust Fund against a defendant who had been adjudged insolvent. Brown v. State, 427 So.2d 271 (Fla. 2d DCA 1983).