JOHN MICHAEL CAPOZZI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
In a brief filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), the public defender asserted that this appeal has no arguable merit, with the possible exception of the revocation of probation and the sentence imposed thereafter. Our independent review of the record reveals that the trial court erred in imposing lump sum court costs in the written sentence without citation to statutory authority. Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995). Accordingly, we strike those costs, and remand the case without prejudice to the trial court reimposing costs with proper citation to statutory authority. The judgment and sentences are otherwise affirmed.
Judgment and sentences affirmed, costs stricken, and case remanded with directions.
FRANK, A.C.J., BLUE, J., and RYDER, HERBOTH S., Senior Judge, concur.
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Darden v. State, 705 So. 2d 99 (Fla. 5th DCA 1998)…serted by Judge Altenbernd in his concurring opinion in Hill v. State, 696 So. 2d 798 (Fla. 2d DCA 1997), affirmed, 700 So. 2d 646 (Fla.1997). See, Lee v. State, 695 So. 2d 1314 (Fla. 2d DCA 1997), rev. granted, 697 So. 2d 942 (1997); Neal v. State, 697 So. 2d 941 (Fla. 2d DCA), rev. granted, 701 So. 2d 868 (Fla.1997). The second district has declared that a Coney error cannot be raised on direct appeal without an objection having been made on the same grounds at trial. The decision in Anderson aligned this c…
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Steinard v. State, 711 So. 2d 105 (Fla. 2d DCA 1998)…efore the effective date of the change to rule 3.180(b). Nevertheless, this court has consistently held that the failure to obtain a Coney waiver cannot be raised on direct appeal without a contemporaneous objection made at trial. See Neal v. State, 697 So. 2d 941 (Fla. 2d DCA), review granted, 701 So. 2d 868 (Fla.1997); Lee v. State, 695 So. 2d 1314 (Fla. 2d DCA), review granted, 700 So. 2d 686 (Fla. 1997). Because the record reveals no contemporaneous objection by Steinard on this issue, we affirm. Steina…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)