ANTHONY LEWIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Anthony Lewis appeals his judgments and sentences entered upon his conviction for delivery of cocaine and obstructing an officer without violence. Lewis argues the trial court erred in excluding a prospective juror and in imposing certain probation conditions and costs. We affirm the judgment but remand to the trial court to strike the $2.00 imposed for the criminal justice education fund.
The trial court imposed a total of $255.00 in cost. We affirm the imposition of $253.00 of that amount because these sums are mandatory costs pursuant to sections 27.3455(1), 960.20, and 943.25(3), Florida Statutes (1993), and do not have to be orally pronounced. See Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995) (en banc). The $2.00 cost imposed pursuant to section 943.25(13), Florida Statutes (1993), however, is a discretional^ cost that must be orally pronounced. Because that cost was not orally pronounced, it must be stricken.
The judgment is affirmed, and the cause is remanded to strike the $2.00 cost to the criminal justice education fund.
CAMPBELL, A.C.J., and ÁLTENBERND and QUINCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kirby v. State, 695 So. 2d 889 (Fla. 2d DCA 1997)…against him. Since $253 of the $255 costs assessed in this matter were mandatory court costs, the trial court was not required to orally announce the dollar amount nor cite the statutory authority for the imposition of these costs. Lewis v. State, 671 So. 2d 295 (Fla. 2d DCA 1996); Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995). These costs must be stricken, however, because the trial court in its written order did not set forth the statutory authority for their imposition. The statutory authority for al…
Authorities Cited
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)