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422 So. 2d 1069

Docket No. 82-89.

Moore v. State

Richard Hillery MOORE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided December 3, 1982.

District Court of Appeal of Florida · decided 1982-12-03

Cited by 7 later decisions — most recently April 1986

7 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1982-12-03

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¶1*1070 Jerry Hill, Public Defender, and William H. Pasch, Asst. Public Defender, Bartow, for appellant.

¶2Jim Smith, Atty. Gen., Tallahassee, and Michael A. Palecki, Asst. Atty. Gen., Tampa, for appellee.

¶3PER CURIAM.

¶4Appellant pled nolo contendere to a first degree felony charge of possession of a controlled substance. Subsequent to the adjudication of guilt, the trial court entered a written judgment which, inter alia, ordered appellant to pay a $5,000.00 fine pursuant to section 775.0835, Florida Statutes (1981). This section authorizes the court to order an optional fine, not to exceed $10,000.00, payable to the Crimes Compensation Trust Fund. However, such a fine may be ordered only if the crime pled to, or convicted of, is a felony or misdemeanor which results in the injury or death of another person.

¶5Because appellant entered a plea of nolo contendere to a felony which did not result in the personal injury or death of another person, the court was not authorized under the statute to order such a fine.

¶6Accordingly, we strike the $5,000.00 fine imposed pursuant to section 775.0835. In all other respects, we affirm appellant's judgment and sentence.

¶7RYDER, A.C.J., and CAMPBELL and SCHOONOVER, JJ., concur.

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