Everette v. State

District Court of Appeal of Florida

Everette v. State

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

District Court of Appeal of Florida·Decided May 27, 2015·No. No. 1D14-389·Published

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.

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

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