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Capozzi v. State

District Court of Appeal of Florida, Second District
Jul 30, 1997
697 So. 2d 941 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-00548

Opinion filed July 30, 1997.

Appeal from the Circuit Court for Polk County; J. Tim Strickland, Judge.

James Marion Moorman, Public Defender, and Douglas Chanco, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General Tallahassee, and Robert J. Krauss, Senior Assistant Attorney General, Tampa, for Appellee.


In a brief filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), the public defender asserted that this appeal has no arguable merit, with the possible exception of the revocation of probation and the sentence imposed thereafter. Our independent review of the record reveals that the trial court erred in imposing lump sum court costs in the written sentence without citation to statutory authority. Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995). Accordingly, we strike those costs, and remand the case without prejudice to the trial court reimposing costs with proper citation to statutory authority. The judgment and sentences are otherwise affirmed.

Judgment and sentences affirmed, costs stricken, and case remanded with directions.

FRANK, A.C.J., and BLUE, J., and RYDER, HERBOTH S., (SENIOR) J., Concur.


Summaries of

Capozzi v. State

District Court of Appeal of Florida, Second District
Jul 30, 1997
697 So. 2d 941 (Fla. Dist. Ct. App. 1997)
Case details for

Capozzi v. State

Case Details

Full title:JOHN MICHAEL CAPOZZI, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jul 30, 1997

Citations

697 So. 2d 941 (Fla. Dist. Ct. App. 1997)

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O'Malley v. State

Again, the State properly concedes and we agree that a lump sum award of costs is inappropriate. See Capozzi…