MARLON VAUGHN TAYLOR
v.
STATE OF FLORIDA
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A $9 cost assessed pursuant to section 318.18(11)(b), Florida Statutes, must be struck when the defendant was not charged with a traffic infraction.
[1] A cost assessment under section 318.18(11)(b), Florida Statutes, is applicable only to traffic infractions and must be struck when imposed against a defendant not charged…
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Join FLexlaw to unlock all legal intelligenceMarlon Vaughn Taylor was convicted and sentenced in Brevard County Circuit Court. A $9 cost was assessed against him pursuant to section 318.18(11)(b)…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
MARLON VAUGHN TAYLOR,
Appellant,
v. Case No. 5D19-3009
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed May 22, 2020
Appeal from the Circuit Court for Brevard County, Jeffrey Mahl, Judge.
James S. Purdy, Public Defender, and Victoria Rose Cordero, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Whitney Brown Hartless, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
We affirm Marlon Vaughn Taylor's judgment and sentence. However, we remand for the trial court to strike the $9 cost assessed pursuant to section 318.18(11)(b), Florida Statutes (2018), because Taylor was not charged with a traffic infraction. See Ayos v. State, 275 So. 3d 178, 182 (Fla. 4th DCA 2019).
2
AFFIRMED and REMANDED with Instructions.
COHEN, WALLIS and EISNAUGLE, JJ., concur.