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Moore v. State

District Court of Appeal of Florida, Second District
Dec 3, 1982
422 So. 2d 1069 (Fla. Dist. Ct. App. 1982)

Opinion

No. 82-89.

December 3, 1982.

Appeal from the Circuit Court, Collier County, Ted H. Brousseau, J.

Jerry Hill, Public Defender, and William H. Pasch, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Michael A. Palecki, Asst. Atty. Gen., Tampa, for appellee.


Appellant pled nolo contendere to a first degree felony charge of possession of a controlled substance. Subsequent to the adjudication of guilt, the trial court entered a written judgment which, inter alia, ordered appellant to pay a $5,000.00 fine pursuant to section 775.0835, Florida Statutes (1981). This section authorizes the court to order an optional fine, not to exceed $10,000.00, payable to the Crimes Compensation Trust Fund. However, such a fine may be ordered only if the crime pled to, or convicted of, is a felony or misdemeanor which results in the injury or death of another person.

Because appellant entered a plea of nolo contendere to a felony which did not result in the personal injury or death of another person, the court was not authorized under the statute to order such a fine.

Accordingly, we strike the $5,000.00 fine imposed pursuant to section 775.0835. In all other respects, we affirm appellant's judgment and sentence.

RYDER, A.C.J., and CAMPBELL and SCHOONOVER, JJ., concur.


Summaries of

Moore v. State

District Court of Appeal of Florida, Second District
Dec 3, 1982
422 So. 2d 1069 (Fla. Dist. Ct. App. 1982)
Case details for

Moore v. State

Case Details

Full title:RICHARD HILLERY MOORE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Dec 3, 1982

Citations

422 So. 2d 1069 (Fla. Dist. Ct. App. 1982)

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