Barton v. State

District Court of Appeal of Florida

Barton v. State

644 So. 2d 153, 1994 Fla. App. LEXIS 10376, 1994 WL 583282

CourtDistrict Court of Appeal of Florida

DecidedOctober 26, 1994

DocketNo. 93-04016

StatusPublished

Cited by1 cases

This text of 644 So. 2d 153 (Barton v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Barton v. State, 644 So. 2d 153, 1994 Fla. App. LEXIS 10376, 1994 WL 583282 (Fla. Ct. App. 1994).

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Opinion

PER CURIAM.

Lee Ann Barton appeals her conviction and sentence for attempted manslaughter. We affirm the judgment and sentence in all respects, but pursuant to our decision in Sutton v. State, 635 So.2d 1032 (Fla. 2d DCA 1994), we strike the imposition of $2500 in court costs because the state did not prove the statutory basis for such assessment. On remand the state may seek to reimpose these costs upon proper proof consistent with Sutton.

Affirmed as modified and remanded with directions.

DANAHY, A.C.J., and ALTENBERND and FULMER, JJ., concur.

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PER CURIAM.

Lee Ann Barton appeals her conviction and sentence for attempted manslaughter. We affirm the judgment and sentence in all respects, but pursuant to our decision in Sutton v. State, 635 So.2d 1032 (Fla. 2d DCA 1994), we strike the imposition of $2500 in court costs because the state did not prove the statutory basis for such assessment. On remand the state may seek to reimpose these costs upon proper proof consistent with Sutton.

Affirmed as modified and remanded with directions.

DANAHY, A.C.J., and ALTENBERND and FULMER, JJ., concur.

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644 So. 2d 153, 1994 Fla. App. LEXIS 10376, 1994 WL 583282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barton-v-state-fladistctapp-1994.

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