Legal Opinion

Nadjowski v. State

District Court of Appeal of Florida

Decided May 30, 1979No. 78-2015PublishedCited by 1 opinion

1Per curiam

We remand so that the lower court may correct the written order revoking appellant’s probation to conform to the court’s oral pronouncement, by striking the finding of violation of conditions 2 and 3. See Sing Eng v. State, 350 So.2d 559 (Fla.2d DCA 1977).

On remand, the trial court should also set aside the order assessing costs against appellant. Since the court had adjudged appellant to be insolvent, it was not authorized to assess costs against him. Cox v. State, 334 So.2d 568 (Fla.1976); § 939.15, Fla.Stat. (1977).

We otherwise affirm the order of revocation, judgment, and sentence.

GRIMES,…

2Cases cited2 opinions

  1. Cox v. StateSupreme Court of Florida · 1976
  2. Sing Eng v. StateDistrict Court of Appeal of Florida · 1977

3Cited by1 opinion

  1. Stephenson v. StateDistrict Court of Appeal of Florida · 1979

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