MICHAEL MARK METZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MICHAEL MARK METZ, APPELLANT,
STATE OF FLORIDA, APPELLEE
650 So. 2d 1135
Florida District Court of Appeal, First District (1995)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
From our examination of the testimonial record, we conclude that the trial court properly denied Appellant’s motion for judgment of acquittal. We affirm the final judgment and sentence in all respects, except for the assessment of $1.00 to go to First Step, Inc., which must be stricken, without prejudice for the trial court to reimpose this cost if it can demonstrate a proper statutory basis therefor. State v. Beasley, 580 So. 2d 139 (Fla.1991); Stafford v. State, 648 So. 2d 806 (Fla. 5th DCA 1994); Nank v. State, 646 So. 2d 762 (Fla. 2d DCA 1994); Bradshaw v. State, 638 So. 2d 1024 (Fla. 1st DCA 1994).
Judgment and sentence AFFIRMED; costs relating to First Step, Inc. VACATED.
WEBSTER, MICKLE and BENTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jacques H. Renaud v. State, 660 So. 2d 408 (Fla. 1st DCA 1995)…f imposing costs as to the entire case. Hunter v. State, 651 So. 2d 1258 (Fla. 1st DCA 1995). The trial court also erred by ordering appellant to pay $1.00 a month to First Step, Inc. where said fee was not statutorily authorized. See Metz v. State, 650 So. 2d 1135 (Fla. 1st DCA 1995). We, therefore, remand with directions to strike the duplicative costs as well as the unauthorized fee. WOLF, WEBSTER and VAN NORTWICK, JJ., concur.…
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Snyder v. State, 662 So. 2d 1033 (Fla. 1st DCA 1995)…ed in assessing legal constraint points in determining an appropriate guidelines sentence. We also find that the trial court incorrectly imposed a $1.00 per month fee for First Step, Inc. where said cost is not statutorily authorized. Metz v. State, 650 So. 2d 1135 (Fla. 1st DCA 1995). We, therefore, reverse and remand for resen-tencing. WOLF, LAWRENCE and BENTON, JJ., concur.…
Authorities Cited
- State v. Beasley, 580 So. 2d 139 (Fla. 1991)
- Nank v. State, 646 So. 2d 762 (Fla. 2d DCA 1994)
- Torey Bradshaw and Alford R. Martin v. State, 638 So. 2d 1024 (Fla. 1st DCA 1994)
- Stafford v. State, 648 So. 2d 806 (Fla. 5th DCA 1994)
- McKINLAY v. McKINLAY, 648 So. 2d 806 (Fla. 1st DCA 1995)