Pipkin v. State

District Court of Appeal of Florida

Pipkin v. State

949 So. 2d 361, 2007 Fla. App. LEXIS 3218, 2007 WL 641854

District Court of Appeal of Florida·Decided February 28, 2007·No. No. 2D05-3730·Published

Opinion

PER CURIAM.

We affirm without further comment David Pipkin’s conviction for attempted second-degree murder and sentence of ten years’ imprisonment followed by five years’ probation. The State agrees that the costs imposed pursuant to sections 775.083(2) and 939.185(l)(a), Florida Statutes (2004), were based upon statutory provisions not in effect on the date of Mr. Pipkin’s offense. We decline the State’s invitation to revisit our precedent on this issue and remand with instructions for the trial court to strike these costs from the judgment. See Griffin v. State, 946 So.2d 610 (Fla. 2d DCA2007).

Affirmed.

ALTENBERND, CASANUEVA, and SALCINES, JJ., Concur.

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PER CURIAM.

We affirm without further comment David Pipkin’s conviction for attempted second-degree murder and sentence of ten years’ imprisonment followed by five years’ probation. The State agrees that the costs imposed pursuant to sections 775.083(2) and 939.185(l)(a), Florida Statutes (2004), were based upon statutory provisions not in effect on the date of Mr. Pipkin’s offense. We decline the State’s invitation to revisit our precedent on this issue and remand with instructions for the trial court to strike these costs from the judgment. See Griffin v. State, 946 So.2d 610 (Fla. 2d DCA2007).

Affirmed.

ALTENBERND, CASANUEVA, and SALCINES, JJ., Concur.

Pipkin v. State, 949 So. 2d 361, 2007 Fla. App. LEXIS 3218, 2007 WL 641854 (Fla. Ct. App. 2007).

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Opinion

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