COREY L. MATTHEWS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Affirmed convictions for armed robbery and armed burglary with assault, but remanded to correct the burglary classification from life felony to first degree felony and to strike an improperly imposed two-dollar cost.
The convictions for armed robbery and armed burglary with assault are affirmed, but the judgment must be corrected on remand to reflect the burglary as a first degree felony rather than a life felony and to strike an improperly imposed two-dollar cost.
[1] A two-dollar discretionary cost imposed under Florida Statutes section 943.25(13) without prior notice to the defendant or opportunity to object must be stricken on reman…
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Join FLexlaw to unlock all legal intelligenceAppellant was convicted by jury of two counts of armed robbery and one count of armed burglary with an assault. The trial court sentenced him as a hab…
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PER CURIAM.
After trial by jury the appellant was convicted of two counts of armed robbery and one count of armed burglary with an assault.
The trial court sentenced him as a habitual violent felony offender to three concurrent terms, thirty years each for the two armed robberies and life for the armed burglary.
The trial court also imposed minimum mandatory sentences of ten years for the robberies and fifteen years for the armed burglary. The appellant’s counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
We have reviewed the record in accordance with In re Anders Briefs, 581 So. 2d 149 (Fla.1991), and agree with counsel that meritorious grounds to reverse either the convictions or the sentences do not exist. We do note, however, that the judgment and sentence incorrectly list the burglary as a life felony when it is a first degree felony. § 810.02(2), Fla. Stat. (1993).
Also, a two-dollar discretionary cost under section 943.25(13), Florida Statutes (1993), was imposed without prior notice to the appellant or opportunity to object. On remand, the judgment and sentence shall be changed to reflect the correct degree of crime for the burglary count, and the two-dollar cost imposed shall be stricken. Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995).
In all other respects we affirm.
DANAHY, A.C.J., and PARKER and FULMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- In re App. Court Response to Anders Briefs, 581 So. 2d 149 (Fla. 1991)