Walthour v. State

District Court of Appeal of Florida

Walthour v. State

700 So. 2d 129, 1997 Fla. App. LEXIS 11182, 1997 WL 614275

CourtDistrict Court of Appeal of Florida

DecidedOctober 8, 1997

DocketNo. 96-2875

StatusPublished

This text of 700 So. 2d 129 (Walthour 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

Walthour v. State, 700 So. 2d 129, 1997 Fla. App. LEXIS 11182, 1997 WL 614275 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

We affirm appellant’s conviction and sentence in all but one respect. The sentencing order included a $100.00 assessment for the statewide criminal analysis laboratory system, which may be imposed in the proper instance under section 893.13(8)(b), Florida Statutes. As this cost was not announced in open court, or sought by the State, it was improper, and we remand for entry of a sentencing order that conforms to the judge’s oral pronouncements. Appellant need not be [130]*130present when this apparently clerical error is corrected.

MINER, ALLEN and MICKLE, JJ., concur.

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PER CURIAM.

We affirm appellant’s conviction and sentence in all but one respect. The sentencing order included a $100.00 assessment for the statewide criminal analysis laboratory system, which may be imposed in the proper instance under section 893.13(8)(b), Florida Statutes. As this cost was not announced in open court, or sought by the State, it was improper, and we remand for entry of a sentencing order that conforms to the judge’s oral pronouncements. Appellant need not be [130]*130present when this apparently clerical error is corrected.

MINER, ALLEN and MICKLE, JJ., concur.

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Bluebook (online)

700 So. 2d 129, 1997 Fla. App. LEXIS 11182, 1997 WL 614275, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walthour-v-state-fladistctapp-1997.