JOHN GARY BRENTLINGER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
John Brentlinger challenges his judgment and sentence of five years’ imprisonment entered after a jury found him guilty of battery. Brentlinger raises three issués on appeal. Only one issue warrants discussion. Brentlinger argues that the trial court erred by imposing $25 in prosecution costs because' the State did not present documentation to support the imposition. See Ortiz v. State, 884 So. 2d 77 (Fla. 2d DCA 2004). Brentlinger preserved this issue by filing a motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b). The State concedes that this case should be remanded to strike these costs. Accordingly, we reverse the imposition of the prosecution costs and remand for the trial court to strike these costs. We affirm Brentlinger’s judgment and sentence in all other respects.
Affirmed in part, reversed in part, and remanded with directions.
SALCINES, STRINGER, and WALLACE, JJ., concur.
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Citator
Cited By
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Robinson v. State, 993 So. 2d 1029 (Fla. 2d DCA 2008)…r. The trial court erred when it imposed $50 in prosecution costs because the State did not present any documentation that supported the imposition of these costs. See James v. State, 898 So. 2d 1161, 1162 (Fla. 2d DCA 2005); Brentlinger v. State, 891 So. 2d 1183, 1184 (Fla. 2d DCA 2005); Ortiz v. State, 884 So. 2d 77, 78 (Fla. 2d DCA 2004). Robinson preserved this issue when he filed a motion to correct sentencing error in accordance with Florida Rule of Criminal Procedure 3.800(b). The State concedes the e…
Authorities Cited
- Ortiz v. State, 884 So. 2d 77 (Fla. 2d DCA 2004)