Booth v. State

Appellant was charged and convicted under the narcotic laws of the State of Florida. He appeals his judgment and sentence, presenting three points on appeal. We find no merit in points one and three. However, point two is well taken.

Appellant, an indigent, was sentenced to the maximum of five years in prison and $5,000 fine. The sentence also provided that if appellant failed to pay the fine he would have to serve an additional year in prison.

In this court’s recent opinion in Dunn v. State, 247 So.2d 26, filed April 14, 1971, we held that under the U. S. Supreme Court’s opinion in Williams v.…