Fernandez v. State

District Court of Appeal of Florida

Fernandez v. State

657 So. 2d 63, 1995 Fla. App. LEXIS 7312, 1995 WL 396371

CourtDistrict Court of Appeal of Florida

DecidedJuly 7, 1995

DocketNo. 94-02651

StatusPublished

This text of 657 So. 2d 63 (Fernandez 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.

Bluebook

Fernandez v. State, 657 So. 2d 63, 1995 Fla. App. LEXIS 7312, 1995 WL 396371 (Fla. Ct. App. 1995).

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Opinion

THREADGILL, Chief Judge.

Ricardo Lopez Fernandez appeals his conviction and sentence for second degree murder. We affirm the judgment and sentence in all respects. We strike, however, the imposition of $2,245.00 reflected on the written judgment as costs/fines and orally pronounced as court costs because they were imposed without a statutory basis for assessment. See Barton v. State, 644 So.2d 153 (Fla. 2d DCA 1994); Sutton v. State, 635 So.2d 1032 (Fla. 2d DCA 1994). We affirm the imposition of $255.00 in costs which were authorized by statute. On remand, the state may seek to reimpose costs upon proper proof consistent with Sutton.

Affirmed; remanded.

PATTERSON and BLUE, JJ., concur.

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THREADGILL, Chief Judge.

Ricardo Lopez Fernandez appeals his conviction and sentence for second degree murder. We affirm the judgment and sentence in all respects. We strike, however, the imposition of $2,245.00 reflected on the written judgment as costs/fines and orally pronounced as court costs because they were imposed without a statutory basis for assessment. See Barton v. State, 644 So.2d 153 (Fla. 2d DCA 1994); Sutton v. State, 635 So.2d 1032 (Fla. 2d DCA 1994). We affirm the imposition of $255.00 in costs which were authorized by statute. On remand, the state may seek to reimpose costs upon proper proof consistent with Sutton.

Affirmed; remanded.

PATTERSON and BLUE, JJ., concur.

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657 So. 2d 63, 1995 Fla. App. LEXIS 7312, 1995 WL 396371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fernandez-v-state-fladistctapp-1995.

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