Public-domain · open source
OpenJurist

668 So. 2d 331

Bizzard v. State

District Court of Appeal of Florida

Decided February 21, 1996

District Court of Appeal of Florida · decided 1996-02-21

Cited by 2 later decisions — most recently December 1997

2 state decisions

Relies on Florida v. Bostick · 639 So. 2d 972 - Advisory Opinion to the Attorney General re Funding for Criminal Justice · Hosey v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1996-02-21

View the full empirical analysis of this case →

PER CURIAM.

¶1Randy Bizzard appeals his conviction and sentence, contending that the trial court erred in denying his motion to suppress evidence and imposing costs without citing statutory authority. We affirm his conviction and reverse and remand on the cost issue.

¶2There is competent, substantial evidence to support the trial court’s conclusion that the encounter between Bizzard and two law enforcement officers was consensual. Florida v. Bostick, 501 U.S. 429, 111 S.Ct. 2382, 115 L.Ed.2d 389 (1991); Hosey v. State, 627 So.2d 1289 (Fla. 5th DCA 1993), review denied, 639 So.2d 978 (Fla.1994). We therefore find no error in the denial of appellant’s motion to suppress.

¶3The trial court, however, failed to cite the statutory authority for imposing $100 for costs of the crime laboratory trust fund. We therefore reverse Bizzard’s sentence and remand with directions to the court to make reference to the statute in its written order or delete the amount. Anderson v. State, *332658 So.2d 1231 (Fla. 1st DCA 1995); Wright v. State, 654 So.2d 252 (Fla. 1st DCA 1995).

¶4AFFIRMED IN PART, REVERSED IN PART and REMANDED.

ERVIN, MINER and WEBSTER, JJ., concur.
/668/so2d/331 · .json · Public domain