Gary v. State

OWEN, Judge.

Appellant, represented by the public defender after having been adjudged indigent, was convicted of aggravated assault upon his plea of guilty and sentenced to five years in prison, the maximum allowed under F.S. Section 784.04, F.S.A. By separate order costs in the amount of $39.96 were taxed against appellant with a proviso that in default of payment thereof he be confined in the Palm Beach County jail for a term of 39 days at hard labor consecutive to the sentence in the state prison theretofore imposed. The appeal is from this latter order.

The order appealed was entered April…