Capozzi v. State

District Court of Appeal of Florida

Capozzi v. State

697 So. 2d 941, 1997 Fla. App. LEXIS 8598, 1997 WL 423427

CourtDistrict Court of Appeal of Florida

DecidedJuly 30, 1997

DocketNo. 96-00548

StatusPublished

Cited by2 cases

This text of 697 So. 2d 941 (Capozzi 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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Capozzi v. State, 697 So. 2d 941, 1997 Fla. App. LEXIS 8598, 1997 WL 423427 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

In a brief filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), the public defender asserted that this appeal has no arguable merit, with the possible exception of the revocation of probation and the sentence imposed thereafter. Our independent review of the record reveals that the trial court erred in imposing lump sum court costs in the written sentence without citation to statutory authority. Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995). Accordingly, we strike those costs, and remand the case without prejudice to the trial court reimposing costs with proper citation to statutory authority. The judgment and sentences are otherwise affirmed.

Judgment and sentences affirmed, costs stricken, and case remanded with directions.

FRANK, A.C.J., BLUE, J., and RYDER, HERBOTH S., Senior Judge, concur.

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PER CURIAM.

In a brief filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), the public defender asserted that this appeal has no arguable merit, with the possible exception of the revocation of probation and the sentence imposed thereafter. Our independent review of the record reveals that the trial court erred in imposing lump sum court costs in the written sentence without citation to statutory authority. Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995). Accordingly, we strike those costs, and remand the case without prejudice to the trial court reimposing costs with proper citation to statutory authority. The judgment and sentences are otherwise affirmed.

Judgment and sentences affirmed, costs stricken, and case remanded with directions.

FRANK, A.C.J., BLUE, J., and RYDER, HERBOTH S., Senior Judge, concur.

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697 So. 2d 941, 1997 Fla. App. LEXIS 8598, 1997 WL 423427, Counsel Stack Legal Research, https://law.counselstack.com/opinion/capozzi-v-state-fladistctapp-1997.

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