¶1William Labarbara appeals from the $1,050 fine imposed upon him under section 775.0835, Florida Statutes (1997). That section authorizes the imposition of a fine when a person pleads guilty or nolo contendere to any felony which resulted in the injury or death of another person. Because there was no evidence of the injury or death of any person in this case, the statute is inapplicable. See Skitka v. State, 627 So.2d 589 (Fla. 2d DCA 1993). Therefore, we affirm Labarbara’s convictions and sentences and strike the fine.
779 So. 2d 483
Labarbara v. State
District Court of Appeal of Florida
Decided November 8, 2000
District Court of Appeal of Florida · decided 2000-11-08
Relies on Adoption Centre, Inc. v. Marshall
Decided 2000-11-08