Opinion
Case No. 97-00097.
Opinion filed April 1, 1998.
Appeal from the Circuit Court for Hillsborough County; Chet A. Tharpe, Judge.
James Marion Moorman, Public Defender, and Kevin Briggs, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.
Danny Fuentes appeals his sentence, arguing that the trial court erred by imposing costs of prosecution because no agency had requested the imposition of these costs. The State correctly concedes that in accordance with Reyes v. State, 655 So.2d 111, 114 (Fla. 2d DCA 1995) (en banc), the trial court erred. We strike the $150 for cost of prosecution. Upon remand, the State may seek assessment of these costs after complying with the applicable statutory procedures. See id. at 119.
PARKER, C.J., and NORTHCUTT, J., and RONDOLINO, ANTHONY, ASSOCIATE JUDGE, Concur.