BOBBY JAMES KELLY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BOBBY JAMES KELLY, APPELLANT,
STATE OF FLORIDA, APPELLEE
670 So. 2d 169
Florida District Court of Appeal, First District (1996)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
The assessment of “other court costs” in the amount of $27.50, without reference to any statutory authority, is stricken. See Bradshaw v. State, 638 So. 2d 1024 (Fla. 1st DCA 1994). On remand, the trial court may reimpose such discretionary costs as are authorized by statute, either with reference to proper statutory authority or with a specific explanation as to what the cost assessment represents. In all other respects, the judgment and sentence are affirmed.
ALLEN, WEBSTER and LAWRENCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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LEE v. State, 685 So. 2d 1275 (Fla. 1996)…NTER JUDGMENT FOR ATTEMPTED VOLUNTARY MANSLAUGHTER, A CATEGORY 1 NECESSARILY INCLUDED LESSER OFFENSE OF THE CRIME CHARGED? IF THE ANSWER IS NO, THEN DO LESSER-INCLUDED OFFENSES OF THE CHARGED OFFENSE REMAIN ' ' VIABLE FOR A NEW TRIAL? Lee v. State, 670 So. 2d 169, 170 (Fla. 1st DCA 1996). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We answered the first question in Boyett v. State, No. 81,971, 21 Fla. L. Weekly S535, — So. 2d — (Fla. Dec. 5,1996). We acknowledged there that we had incorrectly accep…
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Riggins v. State, 671 So. 2d 244 (Fla. 1st DCA 1996)…TO ENTER JUDGMENT FOR THE OFFENSE OF RESISTING ARREST WITH VIOLENCE, A LESSER INCLUDED OFFENSE OF THE CRIME CHARGED? IF THE ANSWER IS NO, THEN DO LESSER INCLUDED OFFENSES OF THE CHARGED OFFENSE REMAIN VIABLE FOR A NEW TRIAL? See also Lee v. State, 670 So. 2d 169 (Fla. 1st DCA 1996); Gibson v. State, 667 So. 2d 884 (Fla. 1st DCA 1996); Gutierrez v. State, 665 So. 2d 294 (Fla. 5th DCA 1995); Lee v. State, 664 So. 2d 330 (Fla. 3d DCA 1995), review granted, 673 So. 2d 30 (Fla.1996); Alfonso v. State, 661 So. 2d…
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Garcia v. State, 679 So. 2d 17 (Fla. 3d DCA 1996)…40 (Fla. 1st DCA 1996); Berwick v. State, 671 So. 2d 232 (Fla. 1st DCA 1996); Bell v. State, 671 So. 2d 226 (Fla. 1st DCA 1996); Branch v. State, 671 So. 2d 224 (Fla. 1st DCA 1996); Howard v. State, 670 So. 2d 1149 (Fla. 1st DCA 1996); Lee v. State, 670 So. 2d 169 (Fla. 1st DCA 1996).…
Authorities Cited
- Torey Bradshaw and Alford R. Martin v. State, 638 So. 2d 1024 (Fla. 1st DCA 1994)