Perry v. State

Full title: STEPHANIE PERRY, Appellant, v. STATE OF FLORIDA, Appellee.

Court: Florida Court of Appeals, Fifth District

Date published: Jun 18, 2021

No. 5D20-2651 (Fla. Dist. Ct. App. Jun. 18, 2021)

Opinion

5D20-2651

06-18-2021

STEPHANIE PERRY, Appellant, v. STATE OF FLORIDA, Appellee.

Matthew J. Metz, Public Defender, and George D.E. Burden, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Nora Hutchinson Hall, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

Appeal from the Circuit Court for Brevard County, Nancy Maloney, Judge.

Matthew J. Metz, Public Defender, and George D.E. Burden, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Nora Hutchinson Hall, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We affirm Appellant's judgment and sentence for aggravated assault without further comment. However, we remand for the trial court to strike the $3 traffic cost assessed pursuant to section 318.18, Florida Statutes (2020), because that cost is only applicable to "a noncriminal disposition pursuant to s. 318.14 or a criminal offense listed in s. 318.17" and aggravated assault is not an enumerated offense pursuant to section 318.17, Florida Statutes. Therefore, this cost must be stricken. See Sorenson v. State, 291 So.3d 630 (Fla. 5th DCA 2020).

AFFIRMED; REMANDED with Instructions.

WALLIS, EISNAUGLE and WOZNIAK, JJ, concur.