Everette v. State

District Court of Appeal of Florida

Everette v. State

163 So. 3d 1283, 2015 Fla. App. LEXIS 8039, 2015 WL 3397149

CourtDistrict Court of Appeal of Florida

DecidedMay 27, 2015

DocketNo. 1D14-389

StatusPublished

This text of 163 So. 3d 1283 (Everette 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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Everette v. State, 163 So. 3d 1283, 2015 Fla. App. LEXIS 8039, 2015 WL 3397149 (Fla. Ct. App. 2015).

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Opinion

PER CURIAM.

Appellant, Chez Lamar Everette, raises two issues challenging his judgment and sentence for trafficking in heroin. We affirm his conviction without further comment, but reverse and remand for correction of a sentencing error. The state properly concedes that the trial court erred by imposing a discretionary assessment without citing statutory authority in the written order. See Fisher v. State, 697 So.2d 1291, 1292 (Fla. 1st DCA 1997). On remand, the trial court may reimpose the assessment if it identifies its statutory basis.

AFFIRMED in part, REVERSED in part, and REMANDED for entry of a corrected sentence.

WOLF, ROWE, and SWANSON, JJ., concur.

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PER CURIAM.

Appellant, Chez Lamar Everette, raises two issues challenging his judgment and sentence for trafficking in heroin. We affirm his conviction without further comment, but reverse and remand for correction of a sentencing error. The state properly concedes that the trial court erred by imposing a discretionary assessment without citing statutory authority in the written order. See Fisher v. State, 697 So.2d 1291, 1292 (Fla. 1st DCA 1997). On remand, the trial court may reimpose the assessment if it identifies its statutory basis.

AFFIRMED in part, REVERSED in part, and REMANDED for entry of a corrected sentence.

WOLF, ROWE, and SWANSON, JJ., concur.

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163 So. 3d 1283, 2015 Fla. App. LEXIS 8039, 2015 WL 3397149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/everette-v-state-fladistctapp-2015.

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