ALBERTO CLERICO III, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1995-07-26
No. 94-01124
SCHOONOVER, A.C.J., and PATTERSON and QUINCE, JJ., concur.
658 So. 2d 175 Florida District Court of Appeal, Second District (1995) Positive Treatment
Cited by 6 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Alberto Clerieo III appeals the judgment and sentence imposed upon him after a jury found him guilty of tampering with a witness, contrary to section 914.22, Florida Statutes (1993). Clerieo’s appellate counsel filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). After reviewing the record, we see no error in regard to the conviction and therefore affirm the conviction. The court erred, however, in imposing $693 in costs without citing statutory authority for those costs. See Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995). We, accordingly, reverse and remand with instructions to strike these costs. Upon remand, the state may seek to reimpose this item of costs in accordance with the law. See Reyes.

Affirmed in part, reversed in part, and remanded.

SCHOONOVER, A.C.J., and PATTERSON and QUINCE, JJ., concur.


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  • Perkins v. State, 842 So. 2d 275 (Fla. 1st DCA 2003)
    …aring that appellant had not reported during the months of May through November, he did not file an amended affidavit alleging such a violation. Nor did the State move to orally amend the affidavit during the revocation hearing. See Rosser v. State, 658 So. 2d 175, 176 (Fla. 3d DCA 1995) (noting that it is settled that the State may substantively amend its eharg- [*278] ing document during trial over the defendant’s objection unless there is a showing of prejudice to the substantial rights of the defendant).…
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