Outin v. State

District Court of Appeal of Florida

Decided July 2, 2009

District Court of Appeal of Florida · decided 2009-07-02

Cited by 1 later decisions — most recently July 2010

1 state decisions

Relies on Anders v. California

Good law ✅— No negative treatment on recordhow we know

Decided 2009-07-02

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PER CURIAM.

¶1In this Anders1 appeal, we affirm Appellant’s judgment and sentence, but reduce the trial court’s assessment of $350 for “Cost of Prosecution” against Appellant to the $100 statutory minimum that is required by section 938.27, Florida Statutes (2008). We find that in the context of this case, the trial court’s decision to reimpose the $250, now stricken, was undertaken without the necessary statutory authority supporting the additional assessment.

¶2AFFIRMED IN PART and REVERSED IN PART.

MONACO, C.J., GRIFFIN, J., and COBB, W., Senior Judge, concur.

¶3. See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).