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657 So. 2d 63

Fernandez v. State

District Court of Appeal of Florida · decided 1995-07-07

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

Decided 1995-07-07

THREADGILL, Chief Judge.

¶1Ricardo Lopez Fernandez appeals his conviction and sentence for second degree murder. We affirm the judgment and sentence in all respects. We strike, however, the imposition of $2,245.00 reflected on the written judgment as costs/fines and orally pronounced as court costs because they were imposed without a statutory basis for assessment. See Barton v. State, 644 So.2d 153 (Fla. 2d DCA 1994); Sutton v. State, 635 So.2d 1032 (Fla. 2d DCA 1994). We affirm the imposition of $255.00 in costs which were authorized by statute. On remand, the state may seek to reimpose costs upon proper proof consistent with Sutton.

¶2Affirmed; remanded.

PATTERSON and BLUE, JJ., concur.
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