MICHAEL JOHN SNYDER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MICHAEL JOHN SNYDER, APPELLANT,
STATE OF FLORIDA, APPELLEE
662 So. 2d 1033
Florida District Court of Appeal, First District (1995)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Michael Snyder challenges his judgment and sentence for arson. We find no reversible error as to the judgment of guilt, but find that appellant was not under legal constraint at the time of the crime and, therefore, the trial court erred 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 resentencing.
WOLF, LAWRENCE and BENTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bright v. State, 689 So. 2d 1285 (Fla. 1st DCA 1997)…e the imposition of costs however, without prejudice to the reimposition of statutorily authorized costs after proper notice and hearing, provided that the written order recites citation to statutory authority for any costs imposed. Snyder v. State, 662 So. 2d 1033, 1033 (Fla. 1st DCA 1995) (holding that a fee for First Step is not statutorily authorized); Brown v. State, 681 So. 2d 834 (Fla. 1st DCA 1996) (holding that it is error to impose a fee without providing notice to the defendant of his right to conte…
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Buckley v. State, 688 So. 2d 448 (Fla. 1st DCA 1997)…sion Buckley’s conviction. We also affirm Buckley’s sentence, with the exception of the cost of copies of medical records ($11), and of jurors’ lunches ($28.79). Where there is no statutory authority for a cost, it must be reversed. Snyder v. State, 662 So. 2d 1033, 1033 (Fla. 1st DCA 1995); Brown v. State, 681 So. 2d 834 (Fla. 1st DCA 1996), review denied, No. 89,219, — So. 2d — (Fla. Jan. 27, 1997). No statutory authority was given for these costs in the written order; these costs thus must be reversed witho…
Authorities Cited
- Tinsley v. State, 650 So. 2d 1135 (Fla. 4th DCA 1995)
- Metz v. State, 650 So. 2d 1135 (Fla. 1st DCA 1995)