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498 So. 2d 611

498 So.2d 611

11 Fla.L.Weekly 2533

Butler v. State

District Court of Appeal of Florida

Decided December 4, 1986

District Court of Appeal of Florida · decided 1986-12-04

Cited by 2 later decisions — most recently September 1987

2 state decisions

Relies on 497 So. 2d 1292 - Gaffney v. State · 497 So. 2d 1293 - Evins v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1986-12-04

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PER CURIAM.

¶1We affirm defendant’s conviction and sentence except the assessment of $200 costs imposed pursuant to section 27.3455, Florida Statutes, which is vacated because the defendant had earlier been found to be insolvent and the record fails to show that the trial court gave the defendant an opportunity to be heard as to his ability to pay the costs imposed and, alternatively, failed to give the indigent defendant a term of community service in lieu of payment of costs. See Evins v. State, 497 So.2d 1293 (Fla. 5th DCA 1986); Gaffney v. State, 497 So.2d 1292 (Fla. 5th DCA 1986).

¶2AFFIRMED in part; REVERSED in part; REMANDED.

ORFINGER, SHARP and COWART, JJ., concur.
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