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Zaffarese v. State

District Court of Appeal of Florida, Fourth District
Jun 20, 1984
450 So. 2d 1281 (Fla. Dist. Ct. App. 1984)

Opinion

No. 82-1663.

June 20, 1984.

Appeal from the Circuit Court, Indian River County, Royce R. Lewis, J.

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Lydia M. Valenti, Asst. Atty. Gen., West Palm Beach, for appellee.


Zaffarese was convicted of possession of cannabis in an amount exceeding 20 grams under section 893.13(1)(e), Florida Statutes (1983). He was sentenced to five years in prison and ordered to pay a $5,000 fine pursuant to section 775.0835, Florida Statutes (1983). We find the various points on appeal to be without merit and therefore affirm the conviction and sentence of incarceration.

However, we strike the fine imposed under section 775.0835, as that statute applies only when a person is convicted of a crime resulting in death or injury to another person. See Moore v. State, 422 So.2d 1069 (Fla. 2d DCA 1982). Recognizing that the trial court would have authority under section 775.083(1)(c) to impose a $5,000 fine against Zaffarese, who was convicted of a third degree felony, we remand this case to the trial court for resentencing in a manner consistent with this opinion.

AFFIRMED IN PART; REVERSED IN PART.

HURLEY and WALDEN, JJ., and NORRIS, WILLIAM A., Jr., Associate Judge, concur.


Summaries of

Zaffarese v. State

District Court of Appeal of Florida, Fourth District
Jun 20, 1984
450 So. 2d 1281 (Fla. Dist. Ct. App. 1984)
Case details for

Zaffarese v. State

Case Details

Full title:CHARLES P. ZAFFARESE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jun 20, 1984

Citations

450 So. 2d 1281 (Fla. Dist. Ct. App. 1984)