Buchy v. State

District Court of Appeal of Florida

Buchy v. State

664 So. 2d 1064, 1995 Fla. App. LEXIS 12609

District Court of Appeal of Florida·Decided November 29, 1995·No. Nos. 94-04011, 94-04012·Published·Cited by 1 cases

Opinion

THREADGILL, Chief Judge.

The appellant challenges a judgment and sentence for escape and an order revoking probation on a prior offense. We affirm the escape conviction, the revocation of probation, and the sentences. We strike, however, a $2.00 cost assessed pursuant to section 943.25(13), Florida Statutes (1993), because it was not orally pronounced at sentencing. This cost is a discretionary cost which must be individually announced at sentencing to give the defendant an opportunity to object. Reyes v. State, 655 So.2d 111, 117 (Fla. 2d DCA 1995).

Affirmed; cost stricken.

SCHOONOVER and PATTERSON, JJ., concur.

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THREADGILL, Chief Judge.

The appellant challenges a judgment and sentence for escape and an order revoking probation on a prior offense. We affirm the escape conviction, the revocation of probation, and the sentences. We strike, however, a $2.00 cost assessed pursuant to section 943.25(13), Florida Statutes (1993), because it was not orally pronounced at sentencing. This cost is a discretionary cost which must be individually announced at sentencing to give the defendant an opportunity to object. Reyes v. State, 655 So.2d 111, 117 (Fla. 2d DCA 1995).

Affirmed; cost stricken.

SCHOONOVER and PATTERSON, JJ., concur.

Buchy v. State, 664 So. 2d 1064, 1995 Fla. App. LEXIS 12609 (Fla. Ct. App. 1995).

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Opinion

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