From Casetext: Smarter Legal Research

Warren v. State

District Court of Appeal of Florida, Second District
Jan 27, 1984
444 So. 2d 1101 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-978.

January 27, 1984.

Appeal from the Circuit Court, Highlands County; Randall G. McDonald, Judge.

Jerry Hill, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee and Michael J. Kotler, Asst. Atty. Gen., Tampa, for appellee.


This case comes to us on appeal pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Appellant has been given an opportunity to file a supplemental brief in proper person but has chosen not to respond. Accordingly, having reviewed both the Anders brief filed by the public defender and the record on appeal, we find no reversible error with respect to the judgment and sentence. "However, because the appellant was found insolvent by the trial court, that portion of the court's order requiring the appellant to pay court costs and to make payments to the Victim's Crime Compensation Fund is stricken." Music v. State, 429 So.2d 101 (Fla. 2d DCA 1983); see also Brown v. State, 427 So.2d 271 (Fla. 2d DCA 1983). Furthermore, the portions of the sentencing order requiring both the payment of restitution and the payment of the public defender's fee as conditions of parole are also stricken because a trial court is without jurisdiction to impose conditions of parole. Alexander v. State, 425 So.2d 1197 (Fla. 2d DCA 1983); Tindell v. State, 423 So.2d 635 (Fla. 2d DCA 1982).

Affirmed as modified.

HOBSON, A.C.J., and BOARDMAN and RYDER, JJ., concur.


Summaries of

Warren v. State

District Court of Appeal of Florida, Second District
Jan 27, 1984
444 So. 2d 1101 (Fla. Dist. Ct. App. 1984)
Case details for

Warren v. State

Case Details

Full title:SANDRA WARREN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jan 27, 1984

Citations

444 So. 2d 1101 (Fla. Dist. Ct. App. 1984)