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708 So. 2d 958

Tatum v. State

District Court of Appeal of Florida

Decided February 18, 1998

District Court of Appeal of Florida · decided 1998-02-18

Relies on Garcia v. Garcia

Decided 1998-02-18

PER CURIAM.

¶1We affirm the conviction and sentence of appellant. Appellee concedes, and we agree that section 893.16(1), Florida Statutes (1995), does not apply to appellant’s conviction of second degree murder with a firearm. See Morris v. State, 696 So.2d 956 (Fla. 4th DCA 1997). We accordingly remand to the trial court to delete the $50 Drug Abuse Trust Fund Assessment from its order.

¶2AFFIRMED; REMANDED WITH DIRECTIONS.

STONE, C.J., and GUNTHER and SHAHOOD, JJ., concur.
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