Lewis v. State

District Court of Appeal of Florida

Lewis v. State

671 So. 2d 295, 1996 Fla. App. LEXIS 3760, 1996 WL 169242

CourtDistrict Court of Appeal of Florida

DecidedApril 12, 1996

DocketNo. 94-03792

StatusPublished

Cited by1 cases

This text of 671 So. 2d 295 (Lewis 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

Lewis v. State, 671 So. 2d 295, 1996 Fla. App. LEXIS 3760, 1996 WL 169242 (Fla. Ct. App. 1996).

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Opinion

PER CURIAM.

Anthony Lewis appeals his judgments and sentences entered upon his conviction for delivery of cocaine and obstructing an officer without violence. Lewis argues the trial court erred in excluding a prospective juror and in imposing certain probation conditions and costs. We affirm the judgment but remand to the trial court to strike the $2.00 imposed for the criminal justice education fund.

The trial court imposed a total of $255.00 in cost. We affirm the imposition of $253.00 of that amount because these sums are mandatory costs pursuant to sections 27.3455(1), 960.20, and 943.25(3), Florida Statutes (1993), and do not have to be orally pronounced. See Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995) (en banc). The $2.00 cost imposed pursuant to section 943.25(13), Florida Statutes (1993), however, is a discretional^ cost that must be orally pronounced. Because that cost was not orally pronounced, it must be stricken.

The judgment is affirmed, and the cause is remanded to strike the $2.00 cost to the criminal justice education fund.

CAMPBELL, A.C.J., and ÁLTENBERND and QUINCE, JJ., concur.

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PER CURIAM.

Anthony Lewis appeals his judgments and sentences entered upon his conviction for delivery of cocaine and obstructing an officer without violence. Lewis argues the trial court erred in excluding a prospective juror and in imposing certain probation conditions and costs. We affirm the judgment but remand to the trial court to strike the $2.00 imposed for the criminal justice education fund.

The trial court imposed a total of $255.00 in cost. We affirm the imposition of $253.00 of that amount because these sums are mandatory costs pursuant to sections 27.3455(1), 960.20, and 943.25(3), Florida Statutes (1993), and do not have to be orally pronounced. See Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995) (en banc). The $2.00 cost imposed pursuant to section 943.25(13), Florida Statutes (1993), however, is a discretional^ cost that must be orally pronounced. Because that cost was not orally pronounced, it must be stricken.

The judgment is affirmed, and the cause is remanded to strike the $2.00 cost to the criminal justice education fund.

CAMPBELL, A.C.J., and ÁLTENBERND and QUINCE, JJ., concur.

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Bluebook (online)

671 So. 2d 295, 1996 Fla. App. LEXIS 3760, 1996 WL 169242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-state-fladistctapp-1996.

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