Shorter v. State

666 So. 2d 237, 1996 Fla. App. LEXIS 2, 1996 WL 1151
CourtDistrict Court of Appeal of Florida
DecidedJanuary 3, 1996
DocketNo. 94-03252
StatusPublished
Cited by1 cases

This text of 666 So. 2d 237 (Shorter 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
Shorter v. State, 666 So. 2d 237, 1996 Fla. App. LEXIS 2, 1996 WL 1151 (Fla. Ct. App. 1996).

Opinion

THREADGILL, Chief Judge.

Charles L. Shorter appeals his judgment and sentence for possession of cocaine. His attorney filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), raising three possible issues. We find merit only in the issue regarding court costs. An independent review of the record reveals no other reversible error.

As acknowledged by the state, the trial court erred in imposing a $2.00 cost under section 943.25(13), Florida Statutes (1993) without individually announcing this discretionary cost in a manner sufficient for the defendant to know the legal basis for the cost imposed. Reyes v. State, 655 So.2d 111 (Fla. [238]*2382d DCA 1995). We therefore strike this cost.

The trial court properly imposed public defender fees in the amount of $500.00. The fees assessment appears in the written sentence, but does not appear in the final judgment assessing attorney’s fees and costs, nor in the eharges/costs/fees judgment. We therefore affirm the conviction and sentence, strike the $2.00 cost, and remand for the written judgments to be conformed to the oral pronouncement.

Affirmed; cost stricken; remanded.

PARKER and WHATLEY, JJ., concur.

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Related

Lopez v. State
685 So. 2d 1325 (District Court of Appeal of Florida, 1996)

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Bluebook (online)
666 So. 2d 237, 1996 Fla. App. LEXIS 2, 1996 WL 1151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shorter-v-state-fladistctapp-1996.