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Payne v. State

680 So. 2d 496, 1996 Fla. App. LEXIS 3747, 1996 WL 165385
CourtDistrict Court of Appeal of Florida
DecidedApril 10, 1996
DocketNo. 94-04400
StatusPublished

This text of 680 So. 2d 496 (Payne 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
Payne v. State, 680 So. 2d 496, 1996 Fla. App. LEXIS 3747, 1996 WL 165385 (Fla. Ct. App. 1996).

Opinion

PER CURIAM.

Rebecca Denise Payne appeals her conviction for possession of cocaine within 1000 feet of a school and also appeals the imposition of a cost/fine. We affirm the conviction but strike the cost/fine.

The state concedes that the teal court erred by assessing a “cost/fine” of $33 without statutory authority to do so. Accordingly, we strike that assessment. See Coby v. State, 666 So.2d 238 (Fla. 2d DCA 1996). The court may reimpose the costyfine upon remand. See Colby, 666 So.2d at 239 (citing Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995) (en banc)).

RYDER, AC.J., and PARKER and LAZZARA, JJ., concur.

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Related

Reyes v. State
655 So. 2d 111 (District Court of Appeal of Florida, 1995)
Coby v. State
666 So. 2d 238 (District Court of Appeal of Florida, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
680 So. 2d 496, 1996 Fla. App. LEXIS 3747, 1996 WL 165385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/payne-v-state-fladistctapp-1996.