Opinion
No. 88-0581.
May 2, 1990.
Appeal from the Circuit Court for Indian River County; Charles E. Smith, Judge.
Richard L. Jorandby, Public Defender, and Cherry Grant, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Patricia G. Lampert, Asst. Atty. Gen., West Palm Beach, for appellee.
We affirm the judgment of conviction and sentence appealed from in all respects except that part of the sentence which imposed costs or a period of community service upon appellant. The parties concede said portion of the sentence is improper under Jenkins v. State, 444 So.2d 947 (Fla. 1984) and Brown v. State, 508 So.2d 776 (Fla. 1st DCA 1987). Accordingly, that portion of the sentence is stricken.
HERSEY, C.J., and DOWNEY and WARNER, JJ., concur.