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Barton v. State

District Court of Appeal of Florida, Second District
Oct 26, 1994
644 So. 2d 153 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-04016.

October 26, 1994.

Appeal from the Circuit Court for Polk County, Daniel T. Andrews, J.

James Marion Moorman, Public Defender, and John T. Kilcrease, Jr., Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellee.


Lee Ann Barton appeals her conviction and sentence for attempted manslaughter. We affirm the judgment and sentence in all respects, but pursuant to our decision in Sutton v. State, 635 So.2d 1032 (Fla. 2d DCA 1994), we strike the imposition of $2500 in court costs because the state did not prove the statutory basis for such assessment. On remand the state may seek to reimpose these costs upon proper proof consistent with Sutton.

Affirmed as modified and remanded with directions.

DANAHY, A.C.J., and ALTENBERND and FULMER, JJ., concur.


Summaries of

Barton v. State

District Court of Appeal of Florida, Second District
Oct 26, 1994
644 So. 2d 153 (Fla. Dist. Ct. App. 1994)
Case details for

Barton v. State

Case Details

Full title:LEE ANN BARTON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Oct 26, 1994

Citations

644 So. 2d 153 (Fla. Dist. Ct. App. 1994)

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