Clerico v. State

District Court of Appeal of Florida

Clerico v. State

658 So. 2d 175, 1995 Fla. App. LEXIS 7972, 1995 WL 437258

CourtDistrict Court of Appeal of Florida

DecidedJuly 26, 1995

DocketNo. 94-01124

StatusPublished

Cited by1 cases

This text of 658 So. 2d 175 (Clerico 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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Clerico v. State, 658 So. 2d 175, 1995 Fla. App. LEXIS 7972, 1995 WL 437258 (Fla. Ct. App. 1995).

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Opinion

PER CURIAM.

Alberto Clerieo III appeals the judgment and sentence imposed upon him after a jury found him guilty of tampering with a witness, contrary to section 914.22, Florida Statutes (1993). Clerieo’s appellate counsel filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). After reviewing the record, we see no error in regard to the conviction and therefore affirm the conviction. The court erred, however, in imposing $693 in costs without citing statutory authority for those costs. See Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995). We, accordingly, reverse and remand with instructions to strike these costs. Upon remand, the state may seek to reimpose this item of costs in accordance with the law. See Reyes.

Affirmed in part, reversed in part, and remanded.

SCHOONOVER, A.C.J., and PATTERSON and QUINCE, JJ., concur.

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PER CURIAM.

Alberto Clerieo III appeals the judgment and sentence imposed upon him after a jury found him guilty of tampering with a witness, contrary to section 914.22, Florida Statutes (1993). Clerieo’s appellate counsel filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). After reviewing the record, we see no error in regard to the conviction and therefore affirm the conviction. The court erred, however, in imposing $693 in costs without citing statutory authority for those costs. See Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995). We, accordingly, reverse and remand with instructions to strike these costs. Upon remand, the state may seek to reimpose this item of costs in accordance with the law. See Reyes.

Affirmed in part, reversed in part, and remanded.

SCHOONOVER, A.C.J., and PATTERSON and QUINCE, JJ., concur.

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658 So. 2d 175, 1995 Fla. App. LEXIS 7972, 1995 WL 437258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clerico-v-state-fladistctapp-1995.

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