Opinion
No. 81-2619.
November 17, 1982.
Appeal from Circuit Court, Polk County; E. Randolph Bentley, Judge.
Jerry Hill, Public Defender, and Michael E. Raiden, Asst. Public Defender, Bartow, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Michael A. Palecki, Asst. Atty. Gen., Tampa, for appellee.
Although appellant raised three points on appeal, only one has merit. The trial court incorrectly assessed court costs against appellant. That portion of the judgment ordering appellant to pay $1,987.00 is stricken because appellant was insolvent at the time of sentencing. Ortiz v. State, 420 So.2d 923 (Fla.2d DCA 1982); Brown v. State, 400 So.2d 510 (Fla.2d DCA 1981); Engle v. State, 407 So.2d 641 (Fla.2d DCA 1981). Otherwise, we affirm the judgment and sentence.
OTT, C.J., and HOBSON and SCHEB, JJ., concur.