S.J. HIGDON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1998-03-06
No. 96-02031
BLUE and NORTHCUTT, JJ., concur.
709 So. 2d 572 Florida District Court of Appeal, Second District (1998) Caution
Cited by 7 cases
Opinion of the Court
CAMPBELL, Acting Chief Judge.

CAMPBELL, Acting Chief Judge.

Appellant, convicted by a jury of sexual battery on a child under twelve, challenges his conviction and his sentence. While we find no error in appellant’s conviction, we remand his sentence for correction to reflect the twenty-five-year minimum mandatory sentence that applies to appellant’s offense under section 775.082(1)(b), Florida Statutes (Supp.1994). We also note that the court failed to orally announce the $2 cost at sentencing in violation of Reyes v. State, 655 So. 2d 111, 116 (Fla. 2d DCA 1995). Accordingly, that cost is stricken.

BLUE and NORTHCUTT, JJ., concur.

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  • Waller v. State, 911 So. 2d 226 (Fla. 2d DCA 2005)
    …cost imposed under section 938.15, they are no longer reliable precedent. See Welch v. State, 724 So. 2d 651 (Fla. 2d DCA 1999); Watson v. State, 718 So. 2d 253 (Fla. 2d DCA 1998); Lazo v. State, 711 So. 2d 1303 (Fla. 2d DCA 1998); Higdon v. State, 709 So. 2d 572 (Fla. 2d DCA 1998); Wyatt v. State, 708 So. 2d 655 (Fla. 2d DCA 1998). Likewise, our opinion today would now appear to conflict with the First District’s opinions in Terry v. State, 791 So. 2d 1162 (Fla. 1st DCA 2001), and Griffin v. State, 800 So.…
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