Kinard v. State

District Court of Appeal of Florida

Decided May 17, 1996

District Court of Appeal of Florida · decided 1996-05-17

Relies on Anders v. California · Mizrahi v. Valdes-Fauli, Cobb & Petrey

Decided 1996-05-17

PER CURIAM.

¶1We affirm the judgments and sentences in this Anders1 appeal with one exception. The assessment of $100 pursuant to section 893.13(4)(b), Florida Statutes,2 is stricken because the defendant was not sentenced for a drug offense. The statute specifically requires that a sentence be imposed for a drug offense before these costs may be assessed. Verderosa v. State, 671 So.2d 806 (Fla. 5th DCA1996).

¶2AFFIRMED AS MODIFIED.

PETERSON, CJ., and COBB and HARRIS, JJ., concur.

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

¶4. This provision is now found at section 893.13(8)(b), Florida Statutes.