ABELARDO VALDEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DIAMANTIS, Judge.
We affirm Abelardo Valdez’s convictions and sentences for burglary of a dwelling and grand theft; however, we amend the second restitution order dated November 30, 1993, to reflect that Valdez is to pay restitution in the amount of $709.60 to Arvel Burns as reflected in the trial court’s oral pronouncement and its prior restitution order dated October 26,1993; and we reverse the imposition of $7.50 as “local court costs” contained in the trial court’s October 25, 1993, order, and remand in order for the trial court either to reference the statutory authority for the imposition of the costs or to delete such costs. See Gedeon v. State, 636 So. 2d 178 (Fla. 5th DCA 1994); Thomas v. State, 633 So. 2d 1122 (Fla. 5th DCA 1994).
AFFIRMED in part; REVERSED in part; and REMANDED.
GOSHORN and PETERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Madison v. State, 664 So. 2d 1140 (Fla. 5th DCA 1995)…ity for costs imposed in the written sentence or order of probation. See Brooks v. State, 649 So. 2d 329 (Fla. 5th DCA 1995); Samuels v. State, 649 So. 2d 272 (Fla. 5th DCA 1994), cause dismissed, 657 So. 2d 1163 (Fla.1995); [*1141] Valdez v. State, 639 So. 2d 1135 (Fla. 5th DCA 1994). In a case where the statutory basis is not clear or easily ascertainable, the appellate court is left to guess at the authority under which a cost is assessed. With regard to the FDLE cost assessment in this case, section 939.0…
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Jayson C. Tyler v. State, 650 So. 2d 1140 (Fla. 5th DCA 1995)…PER CURIAM. This is an Anders appeal in which a minor cost issue was identified and we have invited the state’s response. Both parties agree this matter should be treated as in Valdez v. State, 639 So. 2d 1135 (Fla. 5th DCA 1994). Accordingly, we affirm the judgment and sentences, vacate the imposition of “local court costs” and remand. JUDGMENT AFFIRMED. PETERSON, GRIFFIN and THOMPSON, JJ., concur.…
Authorities Cited
- Menchaca v. State, 636 So. 2d 178 (Fla. 2d DCA 1994)
- Arjomand v. Alec J. Ross, 633 So. 2d 1122 (Fla. 3d DCA 1994)
- Lenthius Daryl Thomas v. State, 633 So. 2d 1122 (Fla. 5th DCA 1994)