KURN LEE WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
KURN LEE WILLIAMS, APPELLANT,
STATE OF FLORIDA, APPELLEE
438 So. 2d 501
Florida District Court of Appeal, Second District (1983)
Caution
Cited by 4 cases
Opinion of the Court
OTT, Chief Judge.
Kurn Lee Williams appeals his judgment and sentence for robbery with a deadly weapon, under section 812.13(2)(a), Florida Statutes (1981). While we find no reversible error in appellant’s first and third contentions, we agree that the lower court erred in assessing court costs against Williams, who earlier had been adjudged indigent. Accordingly, we strike the costs of $10, $2, and $2 imposed against appellant under sections 960.20, 943.25(4), and 943.-25(8), Florida Statutes (1981). Brown v. State, 427 So. 2d 271 (Fla. 2d DCA 1983).
We affirm appellant’s conviction in all other respects.
GRIMES and CAMPBELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Thompson v. Crawford, 479 So. 2d 169 (Fla. 3d DCA 1985)…tant case. Jury trial was not waived; the court was not sitting as the finder of fact. Bludworth, 394 So. 2d at 542. Finding that the trial court acted without authority, the court concluded that jeopardy had not attached. But cf. State v. Foster, 438 So. 2d 501 (Fla. 2d DCA 1983) (distinguishing Bludworth on the ground that the judgment of acquittal, although entered before the close of all the evidence for the state, occurred after the jury was sworn and empaneled; holding that the trial court, although i…
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KEE v. State, 727 So. 2d 1094 (Fla. 2d DCA 1999)…Kee entered into a plea agreement reserving the right to appeal the issue of the propriety of the denial of the motion to dismiss. Jeopardy in a jury trial attaches after the jury has been sworn and impaneled to hear evidence. See State v. Foster, 438 So. 2d 501 (Fla. 2d DCA 1983). The State had no authority to refile the subject charge after jeopardy had attached. Thus, this court must reverse the conviction. See State v. Strickler, 712 So. 2d 1218 (Fla. 2d DCA 1998). Accordingly, this matter is remanded t…
Authorities Cited
- Brown v. State, 427 So. 2d 271 (Fla. 2d DCA 1983)