Raymond Leroy Gregory v. State of Florida

Opinion

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

RAYMOND LEROY NOT FINAL UNTIL TIME EXPIRES TO GREGORY, FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, CASE NO. 1D13-4625

v.

STATE OF FLORIDA, Appellee.

_____________________________/ Opinion filed May 8, 2015.

An appeal from the Circuit Court for Nassau County. Robert M. Foster, Judge.

Nancy A. Daniels, Public Defender, and Zachary F. Lawton, Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, and Lauren L. Brudnicki, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

The state properly concedes that the trial court erred by imposing a discretionary assessment of $50 for the Crime Prevention Fund when that fee was not orally pronounced with specificity and the appellant was not provided with an

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opportunity to contest the amount. See, e.g., Roberts v. State, 813 So. 2d 1016, 1017 (Fla. 1st DCA 2002). Thus, the $50 fee should be stricken from the appellant’s judgment and sentence.

In all other respects, the sentence, like the judgment of conviction, is AFFIRMED, and the cause is REMANDED for entry of a corrected sentence. WOLF, ROWE, and SWANSON, JJ., CONCUR.