FRANCISCO HERNANDEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
FRANCISCO HERNANDEZ, APPELLANT,
STATE OF FLORIDA, APPELLEE
638 So. 2d 214
Florida District Court of Appeal, Fourth District (1994)
Positive Treatment
Cited by 10 cases
Opinion of the Court
FARMER, Judge.
We strike that portion of the sentence which imposed a three-year mandatory minimum provision as to Count III, possession of burglary tools and, as amended, affirm the sentence imposed by the trial court.
DELL, C.J., and HERSEY, J., concur.
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Johnson v. State, 648 So. 2d 263 (Fla. 5th DCA 1994)…ase for not permitting Johnson to withdraw his plea.2 However, we strike the $60.00 fee for First Step because there is no statutory authority for the imposition of this cost. Tibero v. State, 646 So. 2d 213 (Fla. 5th DCA 1994); Eckenrode v. State, 638 So. 2d 214 (Fla. 5th DCA 1994); Gedeon v. State, 636 So. 2d 178 (Fla. 5th DCA 1994); Botts v. State, 634 So. 2d 197 (Fla. 5th DCA 1994). In all other respects the judgment and sentence is AFFIRMED. COBB and DIAMANTIS, JJ., concur. . § 812.014, Fla.Stat. (19…
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Kevel Watson v. State, 641 So. 2d 432 (Fla. 5th DCA 1994)…v. State, 411 So. 2d 1361 (Fla. 5th DCA 1982), cert. denied, 419 So. 2d 1195 (Fla.1982). We agree with the appellant in respect to the $1.00 assessment for First Step of Volu-sia County and strike that portion of the order. See Eckenrode v. State, 638 So. 2d 214 (Fla. 5th DCA 1994); Gedeon v. State, 636 So. 2d 178 (Fla. 5th DCA 1994); Botts v. State, 634 So. 2d 197 (Fla. 5th DCA 1994); Thomas v. State, 633 So. 2d 1122 (Fla. 5th DCA 1994). We also reverse the imposition of the fee for the public defender and…
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Avallone v. State, 646 So. 2d 745 (Fla. 5th DCA 1994)…mmunity control, the trial court ordered Avallone to pay a $24 deposit to First Step of Volusia County. This court has recently held that such orders should be stricken unless the trial court cites supporting statutory authority, Eckenrode v. State, 638 So. 2d 214 (Fla. 5th DCA 1994); Gedeon v. State, 636 So. 2d 178 (Fla. 5th DCA 1994). Also, the trial court entered two cost orders pursuant to section 27.3455(1), Florida Statutes (1993), one for each count. That was error. Hollingsworth v. State, 632 So. 2d…
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