Outin v. State

District Court of Appeal of Florida

Outin v. State

12 So. 3d 322, 2009 Fla. App. LEXIS 8701, 2009 WL 1883908

CourtDistrict Court of Appeal of Florida

DecidedJuly 2, 2009

DocketNo. 5D08-2643

StatusPublished

This text of 12 So. 3d 322 (Outin 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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Outin v. State, 12 So. 3d 322, 2009 Fla. App. LEXIS 8701, 2009 WL 1883908 (Fla. Ct. App. 2009).

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Opinion

PER CURIAM.

In this Anders¹ appeal, we affirm Appellant’s judgment and sentence, but reduce the trial court’s assessment of $350 for “Cost of Prosecution” against Appellant to the $100 statutory minimum that is required by section 938.27, Florida Statutes (2008). We find that in the context of this case, the trial court’s decision to reimpose the $250, now stricken, was undertaken without the necessary statutory authority supporting the additional assessment.

AFFIRMED IN PART and REVERSED IN PART.

MONACO, C.J., GRIFFIN, J., and COBB, W., Senior Judge, concur.

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PER CURIAM.

In this Anders¹ appeal, we affirm Appellant’s judgment and sentence, but reduce the trial court’s assessment of $350 for “Cost of Prosecution” against Appellant to the $100 statutory minimum that is required by section 938.27, Florida Statutes (2008). We find that in the context of this case, the trial court’s decision to reimpose the $250, now stricken, was undertaken without the necessary statutory authority supporting the additional assessment.

AFFIRMED IN PART and REVERSED IN PART.

MONACO, C.J., GRIFFIN, J., and COBB, W., Senior Judge, concur.

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12 So. 3d 322, 2009 Fla. App. LEXIS 8701, 2009 WL 1883908, Counsel Stack Legal Research, https://law.counselstack.com/opinion/outin-v-state-fladistctapp-2009.

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