Leonard v. State

District Court of Appeal of Florida

Leonard v. State

479 So. 2d 880, 11 Fla. L. Weekly 72, 1985 Fla. App. LEXIS 5951

Procedural entryThis page is a short order in Leonard v. State. Read the opinion of the Court — 522 So. 2d 543 →

District Court of Appeal of Florida·Decided December 26, 1985·No. No. 85-1128·Published

Opinion

PER CURIAM.

We affirm the sentence, but remand for the assessment of costs with direction to allow the appellant the opportunity to object to the assessment. See Lawson v. State, 470 So.2d 109 (Fla. 4th DCA 1985). The State concedes that the appellant was convicted of the Count IV offense of possession of marijuana, under 20 grams, a first degree misdemeanor. § 893.13(1)(f) Fla.Stat. (1984). The trial court’s written judgment listed Count IV as a third degree felony. Therefore, on remand, the judgment should be corrected to reflect the proper degree of the crime in Count IV.

GLICKSTEIN and HURLEY, JJ., and BOARDMAN, EDWARD F., Associate Judge (Retired), concur.

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PER CURIAM.

We affirm the sentence, but remand for the assessment of costs with direction to allow the appellant the opportunity to object to the assessment. See Lawson v. State, 470 So.2d 109 (Fla. 4th DCA 1985). The State concedes that the appellant was convicted of the Count IV offense of possession of marijuana, under 20 grams, a first degree misdemeanor. § 893.13(1)(f) Fla.Stat. (1984). The trial court’s written judgment listed Count IV as a third degree felony. Therefore, on remand, the judgment should be corrected to reflect the proper degree of the crime in Count IV.

GLICKSTEIN and HURLEY, JJ., and BOARDMAN, EDWARD F., Associate Judge (Retired), concur.

Leonard v. State, 479 So. 2d 880, 11 Fla. L. Weekly 72, 1985 Fla. App. LEXIS 5951 (Fla. Ct. App. 1985).

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Opinion

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