Higdon v. State

District Court of Appeal of Florida

Higdon v. State

709 So. 2d 572, 1998 Fla. App. LEXIS 2175, 1998 WL 95331

District Court of Appeal of Florida·Decided March 6, 1998·No. No. 96-02031·Published·Cited by 2 cases

Opinion

CAMPBELL, Acting Chief Judge.

Appellant, convicted by a jury of sexual battery on a child under twelve, challenges his conviction and his sentence. While we find no error in appellant’s conviction, we remand his sentence for correction to reflect the twenty-five-year minimum mandatory sentence that applies to appellant’s offense under section 775.082(1)(b), Florida Statutes (Supp.1994). We also note that the court failed to orally announce the $2 cost at sentencing in violation of Reyes v. State, 655 So.2d 111, 116 (Fla. 2d DCA 1995). Accordingly, that cost is stricken.

BLUE and NORTHCUTT, JJ., concur.

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CAMPBELL, Acting Chief Judge.

Appellant, convicted by a jury of sexual battery on a child under twelve, challenges his conviction and his sentence. While we find no error in appellant’s conviction, we remand his sentence for correction to reflect the twenty-five-year minimum mandatory sentence that applies to appellant’s offense under section 775.082(1)(b), Florida Statutes (Supp.1994). We also note that the court failed to orally announce the $2 cost at sentencing in violation of Reyes v. State, 655 So.2d 111, 116 (Fla. 2d DCA 1995). Accordingly, that cost is stricken.

BLUE and NORTHCUTT, JJ., concur.

Higdon v. State, 709 So. 2d 572, 1998 Fla. App. LEXIS 2175, 1998 WL 95331 (Fla. Ct. App. 1998).

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Opinion

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