Turner v. State

District Court of Appeal of Florida

Turner v. State

109 So. 3d 276, 2013 WL 709770, 2013 Fla. App. LEXIS 3215

District Court of Appeal of Florida·Decided February 28, 2013·No. No. 1D11-6605·Published·Cited by 1 cases

Opinion

PER CURIAM.

The appellant’s counsel filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We affirm the appellant’s conviction and sentence, but reverse and remand for correction of a statutorily excessive fine.

Section 938.05(l)(a), Florida Statutes (2011), mandates a $225 fine for felony convictions. Here, the court imposed a $230 fine. We reverse the imposition of the $230 fine in violation of section 938.05(l)(a) and remand with instructions to reduce the fine to $225 and correct the judgment accordingly.

AFFIRMED in part, REVERSED in part, and REMANDED for proceedings consistent with this opinion.

ROBERTS, WETHERELL, and MARSTILLER, JJ., concur.

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PER CURIAM.

The appellant’s counsel filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We affirm the appellant’s conviction and sentence, but reverse and remand for correction of a statutorily excessive fine.

Section 938.05(l)(a), Florida Statutes (2011), mandates a $225 fine for felony convictions. Here, the court imposed a $230 fine. We reverse the imposition of the $230 fine in violation of section 938.05(l)(a) and remand with instructions to reduce the fine to $225 and correct the judgment accordingly.

AFFIRMED in part, REVERSED in part, and REMANDED for proceedings consistent with this opinion.

ROBERTS, WETHERELL, and MARSTILLER, JJ., concur.

Turner v. State, 109 So. 3d 276, 2013 WL 709770, 2013 Fla. App. LEXIS 3215 (Fla. Ct. App. 2013).

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Opinion

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