TED G. MORGAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1996-05-22
No. 94-04583
PATTERSON, A.C.J., and LAZZARA and FULMER, JJ., concur.
674 So. 2d 188 Florida District Court of Appeal, Second District (1996) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm appellant’s judgment and sentence. We strike, however, the assessment for the Hillsborough County Court Improvement Fund, Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995) (en banc), as well as the improper imposition of costs of prosecution. Sutton v. State, 635 So. 2d 1032 (Fla. 2d DCA 1994). On remand, the state may seek to reimpose prosecution costs. Id.

Affirmed in part, reversed in part, and remanded.

PATTERSON, A.C.J., and LAZZARA and FULMER, JJ., concur.


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  • Basden v. State, 686 So. 2d 788 (Fla. 3d DCA 1997)
    …PER CURIAM. We affirm the defendant’s convictions for burglary, grand theft, and grand theft of firearms. We reverse the $2 cost judgment entered as the trial court failed to orally pronounce this. Jones v. State, 674 So. 2d 188, 189 (Fla. 2d DCA 1996) (imposition of a $2 cost pursuant to section 943.25(13), Florida Statutes (1993), is discretionary and must be orally pronounced at sentencing). Affirmed in part; reversed in part.…
  • Henderson v. State, 698 So. 2d 942 (Fla. 4th DCA 1997)
    …PER CURIAM. We affirm in all respects except we remand to the trial court to strike the $2.00 discretionary assessment pursuant to section 943.25(13). See Williams v. State, 697 So. 2d 584 (Fla. 4th DCA 1997); Jones v. State, 674 So. 2d 188 (Fla. 2d DCA 1996). GUNTHER, POLEN and SHAHOOD, JJ., concur.…

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