McCall v. State

District Court of Appeal of Florida

McCall v. State

546 So. 2d 136, 14 Fla. L. Weekly 1722, 1989 Fla. App. LEXIS 4085, 1989 WL 78869

District Court of Appeal of Florida·Decided July 20, 1989·No. No. 88-1526·Published

Opinion

GOSHORN, Judge.

Travis Gene McCall appeals the imposition of $200.00 court costs pursuant to § 27.3455, Fla.Stat. (1985) (effective July 1, 1985). It was error to impose this cost because the offense for which McCall was convicted was committed on August 18, 1984, before the effective date of the statute. The state concedes this error. Yost v. State, 489 So.2d 131 (Fla. 5th DCA 1986) affirmed, 507 So.2d 1099 (Fla.1987).

The provision in McCall’s sentence imposing this cost is accordingly reversed and the cause remanded for re-sentencing.

REVERSED in part. REMANDED.

DANIEL, C.J., and COBB J., concur.

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GOSHORN, Judge.

Travis Gene McCall appeals the imposition of $200.00 court costs pursuant to § 27.3455, Fla.Stat. (1985) (effective July 1, 1985). It was error to impose this cost because the offense for which McCall was convicted was committed on August 18, 1984, before the effective date of the statute. The state concedes this error. Yost v. State, 489 So.2d 131 (Fla. 5th DCA 1986) affirmed, 507 So.2d 1099 (Fla.1987).

The provision in McCall’s sentence imposing this cost is accordingly reversed and the cause remanded for re-sentencing.

REVERSED in part. REMANDED.

DANIEL, C.J., and COBB J., concur.

McCall v. State, 546 So. 2d 136, 14 Fla. L. Weekly 1722, 1989 Fla. App. LEXIS 4085, 1989 WL 78869 (Fla. Ct. App. 1989).

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Opinion

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