Fernandez v. State

District Court of Appeal of Florida

Fernandez v. State

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

District Court of Appeal of Florida·Decided July 7, 1995·No. No. 94-02651·Published

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.

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

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Opinion

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