Silva v. State

District Court of Appeal of Florida

Silva v. State

700 So. 2d 90, 1997 Fla. App. LEXIS 11104, 1997 WL 600727

CourtDistrict Court of Appeal of Florida

DecidedOctober 1, 1997

DocketNo. 96-00886

StatusPublished

This text of 700 So. 2d 90 (Silva 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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Silva v. State, 700 So. 2d 90, 1997 Fla. App. LEXIS 11104, 1997 WL 600727 (Fla. Ct. App. 1997).

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Opinion

THREADGILL, Judge.

Eugenio Silva, Jr., appeals a judgment and sentence for sexual battery. We affirm the judgment and sentence, but strike one of the court costs imposed. The costs order reflects an assessment of “$313.50 pursuant to administrative order (court costs).” There are exhibits in the record that lead us to believe this cost represents reimbursement to the state attorney’s office for court reporting services. The statutory basis for the imposition of such costs must be recited in the record. See Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995); Sutton v. State, 635 So.2d 1032 (Fla. 2d DCA 1994). The state concedes this issue. We therefore strike the cost without prejudice to its reimposition upon compliance with Reyes.

Affirmed; cost stricken.

DANAHY, A.C.J., and SCHOONOVER, J., concur.

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THREADGILL, Judge.

Eugenio Silva, Jr., appeals a judgment and sentence for sexual battery. We affirm the judgment and sentence, but strike one of the court costs imposed. The costs order reflects an assessment of “$313.50 pursuant to administrative order (court costs).” There are exhibits in the record that lead us to believe this cost represents reimbursement to the state attorney’s office for court reporting services. The statutory basis for the imposition of such costs must be recited in the record. See Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995); Sutton v. State, 635 So.2d 1032 (Fla. 2d DCA 1994). The state concedes this issue. We therefore strike the cost without prejudice to its reimposition upon compliance with Reyes.

Affirmed; cost stricken.

DANAHY, A.C.J., and SCHOONOVER, J., concur.

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700 So. 2d 90, 1997 Fla. App. LEXIS 11104, 1997 WL 600727, Counsel Stack Legal Research, https://law.counselstack.com/opinion/silva-v-state-fladistctapp-1997.

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