Ellerby v. State

Full title: JAMES STEVEN ELLERBY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Jul 10, 1986

490 So. 2d 1362 (Fla. Dist. Ct. App. 1986)

Opinion

No. 85-1767.

July 10, 1986.

Appeal from the Circuit Court for Putnam County; Robert R. Perry, Judge.

James B. Gibson, Public Defender, and Michael L. O'Neill, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Paula C. Coffman, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Judge.

This is an appeal from burglary and petit larceny convictions. We affirm the convictions but sua sponte vacate that portion of the sentence which requires payment of costs under Section 27.3455(1). See Yost v. State, 489 So.2d 131 (Fla. 5th DCA 1986).

CONVICTION AFFIRMED; SENTENCE MODIFIED as to costs only.

UPCHURCH, C.J., and SHARP, J., concur.