Byrd v. State

MOORE, Judge,

specially concurring:

I concur with the holding of the Court that this matter should be treated as a Hollingshead appeal and that it is error to require an indigent defendant to pay court costs as a condition of probation. I would, however, reverse and remand with instructions that such a requirement is permissible if it is conditioned upon a showing that the defendant becomes solvent during the term of probation. See, Gryca v. State, 315 So.2d 221 (1 DCA 1975).