Burke v. State

101 So. 3d 406, 2012 Fla. App. LEXIS 20243, 2012 WL 5907090
District Court of Appeal of Florida·Decided November 26, 2012·No. No. 1D11-6054·Published

Opinion

PER CURIAM.

In this appeal brought pursuant to Anders v. California, 886 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we affirm Appellant’s convictions and sentences. However, we reverse and remand the Corrected Judgment for the trial court to strike the $20 court cost imposed under section 938.06(1), Florida Statutes (cost for crime stoppers programs), see Clavelle v. State, 80 So.3d 456, 457 (Fla. 1st DCA 2012) (holding that assessment authorized by section 938.06(1) may only be imposed if court also imposes a fine), and to correct a scrivener’s error on Appellant’s Criminal Punishment Code Score Sheet to reflect a primary offense date of July 18, 2009.

AFFIRMED in part; REVERSED in part; REMANDED with directions.

MARSTILLER, RAY, and SWANSON, JJ., Concur.

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Burke v. State, 101 So. 3d 406, 2012 Fla. App. LEXIS 20243, 2012 WL 5907090 (Fla. Ct. App. 2012).

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Related

Anders v. California
386 U.S. 738 (Supreme Court, 1967)
Clavelle v. State
80 So. 3d 456 (District Court of Appeal of Florida, 2012)