JAMES A. HOLLOWAY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1993-07-16
No. 92-03264
SCHOONOVER, A.C.J., and HALL and BLUE, JJ., concur.
621 So. 2d 562 Florida District Court of Appeal, Second District (1993) Positive Treatment
Cited by 3 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm appellant’s convictions and sentence. Counsel has filed an Anders brief1 in which he concedes that the trial court did not abuse its discretion in refusing to allow appellant to withdraw his plea of nolo contendere. We agree.

Counsel does point out two problems with respect to the imposition of court costs. Appellant was assessed $233.00 pursuant to section 27.3455, Florida Statutes (1991), and $50.00 pursuant to section 960.-20, Florida Statutes (1991). Section 27.-3455 limits such assessments to $200.00 for felonies, while the version of section 960.20 in effect at the time of appellant’s offenses calls for court costs of only $20.00. After remand the trial court should correct the judgment accordingly.

Convictions and sentence affirmed; remanded for correction of judgment.

SCHOONOVER, A.C.J., and HALL and BLUE, JJ., concur. . Anders v. California, 386 U.S, 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).


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  • Mason v. Marabella, 647 So. 2d 126 (Fla. 2d DCA 1994)
    …PER CURIAM. The Unemployment Appeals Commission correctly concedes that it erred in dismissing the employer’s appeal. See Bellsouth Communications, Inc. v. Unemployment Appeals Comm’n, 621 So. 2d 562 (Fla. 5th DCA 1993); Pierre v. Oriente Sugar Cane Planting, Inc., 504 So. 2d 431 (Fla. 4th DCA 1987). Accordingly, we reverse the order dismissing the employer’s appeal and remand to the Commission for further proceedings consistent with this opinio…
  • Tyll v. State, 638 So. 2d 619 (Fla. 2d DCA 1994)
    …e. The trial court also imposed costs in the amount of $275, pursuant to section 27.3455, Florida Statutes (1991). As the state also concedes, however, section 27.3455(l)(a), hm- [*620] its such assessments for felonies to $200. Holloway v. State, 621 So. 2d 562 (Fla. 2d DCA 1993). We therefore remand for correction of the sentence. The appellant’s conviction is otherwise affirmed. CAMPBELL, A.C.J., and LAZZARA, J., concur.…
  • Franca v. State, 658 So. 2d 636 (Fla. 2d DCA 1995)
    …ressed and which the state concedes, is the $255 assessed to the Criminal Justice Trust Fund pursuant to section 27.3455, Florida Statutes (1993) in one of the cost judgments. Section 27.3455(l)(a) limits such assessments to $200. Holloway v. State, 621 So. 2d 562 (Fla. 2d DCA 1993). Accordingly, we remand for correction of the sentence by striking $55 of the $255 assessed to the Criminal Justice Trust Fund in case number 94-00262. RYDER, A.C.J., and CAMPBELL and SCHOONOVER, JJ., concur.…

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