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644 So. 2d 153

Barton v. State

District Court of Appeal of Florida

Decided October 26, 1994

District Court of Appeal of Florida · decided 1994-10-26

Cited by 1 later decisions — most recently July 1995

1 state decisions

Relies on 635 So. 2d 1032 - Sutton v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1994-10-26

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PER CURIAM.

¶1Lee Ann Barton appeals her conviction and sentence for attempted manslaughter. We affirm the judgment and sentence in all respects, but pursuant to our decision in Sutton v. State, 635 So.2d 1032 (Fla. 2d DCA 1994), we strike the imposition of $2500 in court costs because the state did not prove the statutory basis for such assessment. On remand the state may seek to reimpose these costs upon proper proof consistent with Sutton.

¶2Affirmed as modified and remanded with directions.

DANAHY, A.C.J., and ALTENBERND and FULMER, JJ., concur.
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