Perry v. State

Full title: Stephanie PERRY, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Fifth District.

Date published: Jun 18, 2021

324 So. 3d 32 (Fla. Dist. Ct. App. 2021)

Opinion

Case No. 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.

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.