Tatum v. State

708 So. 2d 958, 1998 Fla. App. LEXIS 1388, 1998 WL 63961
Procedural entryThis page is a short order in Tatum v. State. Read the opinion of the Court — 736 So. 2d 1214
District Court of Appeal of Florida·Decided February 18, 1998·No. No. 97-0018·Published

Opinion

PER CURIAM.

We affirm the conviction and sentence of appellant. Appellee concedes, and we agree that section 893.16(1), Florida Statutes (1995), does not apply to appellant’s conviction of second degree murder with a firearm. See Morris v. State, 696 So.2d 956 (Fla. 4th DCA 1997). We accordingly remand to the trial court to delete the $50 Drug Abuse Trust Fund Assessment from its order.

AFFIRMED; REMANDED WITH DIRECTIONS.

STONE, C.J., and GUNTHER and SHAHOOD, JJ., concur.

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Tatum v. State, 708 So. 2d 958, 1998 Fla. App. LEXIS 1388, 1998 WL 63961 (Fla. Ct. App. 1998).

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Related

Morris v. State
696 So. 2d 956 (District Court of Appeal of Florida, 1997)