Fernandez v. State , 657 So. 2d 63 ( 1995 )


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  • THREADGILL, Chief Judge.

    Ricardo Lopez Fernandez appeals his conviction and sentence for second degree murder. We affirm the judgment and sentence in all respects. We strike, however, the imposition of $2,245.00 reflected on the written judgment as costs/fines and orally pronounced as court costs because they were imposed without a statutory basis for assessment. See Barton v. State, 644 So.2d 153 (Fla. 2d DCA 1994); Sutton v. State, 635 So.2d 1032 (Fla. 2d DCA 1994). We affirm the imposition of $255.00 in costs which were authorized by statute. On remand, the state may seek to reimpose costs upon proper proof consistent with Sutton.

    Affirmed; remanded.

    PATTERSON and BLUE, JJ., concur.

Document Info

Docket Number: No. 94-02651

Citation Numbers: 657 So. 2d 63

Judges: Blue, Patterson, Threadgill

Filed Date: 7/7/1995

Precedential Status: Precedential

Modified Date: 7/30/2022