Fyler v. State

Full title: WALTER FYLER, APPELLANT/CROSS-APPELLEE, v. STATE OF FLORIDA…

Court: District Court of Appeal of Florida, Fifth District

Date published: Nov 10, 1994

645 So. 2d 108 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-2755.

November 10, 1994.

Appeal from the Circuit Court, Volusia County, John W. Watson, III, J.

James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant/cross-appellee.

Walter A. Fyler, pro se.

No appearance for appellee/cross-appellant.

DAUKSCH, Judge.

Appellant has raised no issue on appeal but this court has examined the record and found error. See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967); State v. Causey, 503 So.2d 321 (Fla. 1987).

The judge erred in requiring appellant to make payments to First Step of Volusia County. See Macon v. State, 639 So.2d 206 (Fla. 5th DCA 1994); Eckenrode v. State, 638 So.2d 214 (Fla. 5th DCA 1994).

SENTENCE VACATED; REMANDED FOR RESENTENCING.

W. SHARP, and PETERSON, JJ., concur.