Luciano v. State

District Court of Appeal of Florida

Luciano v. State

12 So. 3d 917, 2009 Fla. App. LEXIS 9504, 2009 WL 1971633

CourtDistrict Court of Appeal of Florida

DecidedJuly 10, 2009

Docket5D07-601

StatusPublished

Cited by1 cases

This text of 12 So. 3d 917 (Luciano 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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Luciano v. State, 12 So. 3d 917, 2009 Fla. App. LEXIS 9504, 2009 WL 1971633 (Fla. Ct. App. 2009).

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Opinion

*918 ON REMAND

PER CURIAM.

In accordance with the mandate from the Florida Supreme Court, we vacate our prior opinion and substitute this opinion in its stead.

Appellant’s convictions for shooting from a vehicle and shooting into an occupied vehicle are affirmed. 1 Valdes v. State, 3 So.3d 1067 (Fla.2009). Based on the concession by the State of the lack of eviden-tiary support for the award of investigative costs, we remand this cause with instructions that the trial court strike the award. The trial court may re-impose such costs upon appropriate motion and proof.

CONVICTIONS AFFIRMED; AWARD OF COSTS REMANDED.

TORPY, LAWSON and COHEN, JJ., concur.

1

. § 790.15(2), Fla. Stat. (2006); § 790.19, Fla. Stat. (2006).

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