Metz v. State

District Court of Appeal of Florida

Metz v. State

650 So. 2d 1135, 1995 Fla. App. LEXIS 2295, 1995 WL 94376

District Court of Appeal of Florida·Decided March 9, 1995·No. No. 93-3869·Published·Cited by 2 cases

Opinion

PER CURIAM.

From our examination of the testimonial record, we conclude that the trial court properly denied Appellant’s motion for judgment of acquittal. We affirm the final judgment and sentence in all respects, except for the assessment of $1.00 to go to First Step, Inc., which must be stricken, without prejudice for the trial court to reimpose this cost if it can demonstrate a proper statutory basis therefor. State v. Beasley, 580 So.2d 139 (Fla.1991); Stafford v. State, 648 So.2d 806 (Fla. 5th DCA 1994); Nank v. State, 646 So.2d 762 (Fla. 2d DCA 1994); Bradshaw v. State, 638 So.2d 1024 (Fla. 1st DCA 1994).

Judgment and sentence AFFIRMED; costs relating to First Step, Inc. VACATED.

WEBSTER, MICKLE and BENTON, JJ., concur.

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PER CURIAM.

From our examination of the testimonial record, we conclude that the trial court properly denied Appellant’s motion for judgment of acquittal. We affirm the final judgment and sentence in all respects, except for the assessment of $1.00 to go to First Step, Inc., which must be stricken, without prejudice for the trial court to reimpose this cost if it can demonstrate a proper statutory basis therefor. State v. Beasley, 580 So.2d 139 (Fla.1991); Stafford v. State, 648 So.2d 806 (Fla. 5th DCA 1994); Nank v. State, 646 So.2d 762 (Fla. 2d DCA 1994); Bradshaw v. State, 638 So.2d 1024 (Fla. 1st DCA 1994).

Judgment and sentence AFFIRMED; costs relating to First Step, Inc. VACATED.

WEBSTER, MICKLE and BENTON, JJ., concur.

Metz v. State, 650 So. 2d 1135, 1995 Fla. App. LEXIS 2295, 1995 WL 94376 (Fla. Ct. App. 1995).

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