ALFONSO DEWAYNE GRIFFIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ALFONSO DEWAYNE GRIFFIN, APPELLANT,
STATE OF FLORIDA, APPELLEE
800 So. 2d 321
Florida District Court of Appeal, First District (2001)
Negative Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Appellant’s convictions for home-invasion robbery and simple battery are affirmed. The imposition of a $2 cost under section 938.15, Florida Statutes (1997), is reversed, however, because the court failed to announce this discretionary cost at sentencing. See Terry v. State, 791 So. 2d 1162 (Fla. 1st DCA 2001); Giles v. State, 779 So. 2d 546 (Fla. 2d DCA 2001). On remand, however, the court may reimpose this cost after complying with the procedural safeguards. See Terry.
AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings.
ERVIN, BARFIELD and BENTON, JJ., CONCUR.
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Waller v. State, 911 So. 2d 226 (Fla. 2d DCA 2005)…. 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. 2d 321 (Fla. 1st DCA 2001), because those opinions followed our earlier approach to this issue. .See Pasco County, Fla. Code of Ordinances art. I, §§ 34-4, 54-1 (1994). . This statute was also amended in 2004; however, the change does not affect Mr. Wall…
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Washington v. State, 838 So. 2d 699 (Fla. 5th DCA 2003)…ed on appeal. See Washington v. State, 768 So. 2d 463 (Fla. 5th DCA 2000). He then began the collateral challenges: 1. Washington filed a motion pursuant to rule 3.850 which was denied and the denial was affirmed on appeal. See Washington v. State, 800 So. 2d 321 (Fla. 5th DCA 2001). 2. Washington filed a motion pursuant to rule 3.800(a) which was denied and the denial was affirmed on appeal. See Washington v. State, 814 So. 2d 1063 (Fla. 5th DCA 2002). 3. Washington filed a motion pursuant to rule 3.850,…
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Washington v. State, 867 So. 2d 649 (Fla. 5th DCA 2004)…99 (Fla. 5th DCA 2003). In that opinion, the court set forth Washington’s earlier collateral challenges as follows: 1. Washington filed a motion pursuant to rule 3.850 which was denied and the denial was affirmed on appeal. See Washington v. State, 800 So. 2d 321 (Fla. 5th DCA 2001). 2. Washington filed a motion pursuant to rule 3.800(a) which was denied and the denial was affirmed on appeal. See Washington v. State, 814 So. 2d 1063 (Fla. 5th DCA 2002). [*650] 3. Washington filed a-motion pursuant to rule 3…
Authorities Cited
- Giles v. State, 779 So. 2d 546 (Fla. 2d DCA 2001)
- Gonzalez v. State, 791 So. 2d 1162 (Fla. 3d DCA 2001)
- Terry v. State, 791 So. 2d 1162 (Fla. 1st DCA 2001)