CHRISTA WOOD SIMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1988-02-25
No. 87-1090
DAUKSCH and DANIEL, JJ., concur.
520 So. 2d 675 Florida District Court of Appeal, Fifth District (1988) Positive Treatment
Cited by 4 cases

Opinion of the Court
COWART, Judge.

COWART, Judge.

We affirm the appellant’s conviction and sentence except we strike that portion of the sentence which imposes community service as an alternative to payment of court costs because that portion of section 27.-3455(1), Florida Statutes, which authorized that alternative, was deleted by the legislature before appellant was sentenced. See Hansley v. State, 514 So. 2d 1135 (Fla. 5th DCA 1987).

CONVICTION AFFIRMED; SENTENCE AFFIRMED AS MODIFIED.

DAUKSCH and DANIEL, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Gibbs v. State, 529 So. 2d 369 (Fla. 1st DCA 1988)
    …llant’s allegation that he was sentenced on June 12, 1987 is accurate, the lower court should have sentenced him under the 1986 amended version of § 27.3455, which deleted the community service alternative for indigent defendants. See Sims v. State, 520 So. 2d 675 (Fla. 5th DCA 1988); Hill v. State, 517 So. 2d 784 (Fla. 5th DCA 1988). We cannot review this motion, however, because the record on appeal does not contain the order placing appellant on community service or the order adjudging him indigent, and be…
  • Hollis v. State, 525 So. 2d 498 (Fla. 5th DCA 1988)
    …rike the trial court’s imposition of community service in lieu of $200.00 in costs, pursuant to section 27.3455(1), Florida Statutes (1987). Before Hollis was sentenced, that portion of the statute was repealed by the legislature. See Sims v. State, 520 So. 2d 675 (Fla. 5th DCA 1988); Hill v. State, 517 So. 2d 784 (Fla. 5th DCA 1988); Hansley v. State, 514 So. 2d 1135 (Fla. 5th DCA 1987). AFFIRM SENTENCE AS MODIFIED. DAUKSCH and COBB, JJ., concur.…
  • Phaneuf v. State, 655 So. 2d 1300 (Fla. 5th DCA 1995)
    …7.3455 authorizing community service in lieu of payment of costs was amended in 1986 to eliminate this alternative); Parks v. State, 595 So. 2d 1056 (Fla. 4th DCA 1992) (same); Bush v. State, 579 So. 2d 362 (Fla. 4th DCA 1991) (same); Sims v. State, 520 So. 2d 675 (Fla. 5th DCA 1988) (same); Hansley v. State, 514 So. 2d 1135 (Fla. 5th DCA 1987) (same); Rowe v. State, 558 So. 2d 174 (Fla. 5th DCA 1990) (state concedes court without authority to impose community service in lieu of costs under section 27.3455);…

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