Headrick v. State

District Court of Appeal of Florida

Headrick v. State

72 So. 3d 233, 2011 Fla. App. LEXIS 15711, 2011 WL 4579183

CourtDistrict Court of Appeal of Florida

DecidedOctober 5, 2011

DocketNo. 2D09-4492

StatusPublished

This text of 72 So. 3d 233 (Headrick 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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Headrick v. State, 72 So. 3d 233, 2011 Fla. App. LEXIS 15711, 2011 WL 4579183 (Fla. Ct. App. 2011).

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Opinion

WHATLEY, Judge.

James Headrick appeals his judgments and sentences for sexual battery on a child under twelve years of age and lewd or lascivious battery on a child between twelve and sixteen years of age. We affirm his judgments and sentences without discussion. However, it appears that, after granting Headrick’s second motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(b), the trial court failed to enter an amended cost order. An amended order should be entered to reflect that the trial court struck the regional counsel fee of $200, the fine of $125.72, and the fine surcharge of $6.28. Accordingly, we remand for the limited purpose of the entry of an amended cost order. See Owens v. State, 1 So.3d 405 (Fla. 2d DCA 2009).

Judgments and sentences affirmed, and case remanded for entry of an amended cost order.

NORTHCUTT and WALLACE, JJ., Concur.

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WHATLEY, Judge.

James Headrick appeals his judgments and sentences for sexual battery on a child under twelve years of age and lewd or lascivious battery on a child between twelve and sixteen years of age. We affirm his judgments and sentences without discussion. However, it appears that, after granting Headrick’s second motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(b), the trial court failed to enter an amended cost order. An amended order should be entered to reflect that the trial court struck the regional counsel fee of $200, the fine of $125.72, and the fine surcharge of $6.28. Accordingly, we remand for the limited purpose of the entry of an amended cost order. See Owens v. State, 1 So.3d 405 (Fla. 2d DCA 2009).

Judgments and sentences affirmed, and case remanded for entry of an amended cost order.

NORTHCUTT and WALLACE, JJ., Concur.

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72 So. 3d 233, 2011 Fla. App. LEXIS 15711, 2011 WL 4579183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/headrick-v-state-fladistctapp-2011.

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