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662 So. 2d 731

Forney v. State

District Court of Appeal of Florida

Decided October 27, 1995

District Court of Appeal of Florida · decided 1995-10-27

Cited by 7 later decisions — most recently February 2004

7 state decisions

Relies on Anders v. California · Sowashee Venture v. EB, Inc. · 630 So. 2d 521 - Hale v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1995-10-27

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PATTERSON, Judge.

¶1In this Anders1appeal, we find no reversible error as to the appellant's convictions for second-degree murder, burglary of a dwelling with an assault or battery, and robbery. Therefore, we affirm the convictions. However, we reverse and remand for resentenc-ing. The trial court sentenced the appellant to concurrent terms of life imprisonment for the murder and the burglary, and to a consecutive prison term of thirty years for the robbery. It was improper to impose a consecutive sentence for the robbery since the offenses occurred during a single criminal episode. See Hale v. State, 630 So.2d 521 (Fla.1993), cert. denied, — U.S. -, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994).

¶2In addition, the trial court erred in imposing the discretionary $2 cost pursuant to section 943.25(13), Florida Statutes (1993), without announcing it at sentencing, and in imposing the $1,245 cosVfme without citing statutory authority for imposing the cost. See Reyes v. State, 655 So.2d 111, 115-17 (Fla. 2d DCA 1995). Upon remand, the trial court may reimpose these costs after following the proper procedures.

¶3Affirmed in part, reversed in part, and remanded for resentencing.

SCHOONOVER, A.C.J., and FULMER, J., concur.

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

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