Becanitch v. State

Full title: ANTHONY R. BECANITCH, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Feb 18, 1988

519 So. 2d 1158 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-850.

February 18, 1988.

Appeal from the Circuit Court for Volusia County; Edwin P.B. Sanders, Judge.

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Ellen D. Phillips, Asst. Atty. Gen., Daytona Beach, for appellee.

DANIEL, Judge.

Anthony Becanitch appeals his conviction and sentence for burglary of a dwelling. The state concedes that the trial court erred in ordering Becanitch to perform community service in lieu of court costs. See Hansley v. State, 514 So.2d 1135 (Fla. 5th DCA 1987). Accordingly we strike that portion of the sentence. We find no merit to Becanitch's other point on appeal.

JUDGMENT AFFIRMED; SENTENCE AFFIRMED AS MODIFIED.

DAUKSCH and COWART, JJ., concur.