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Gray v. State

District Court of Appeal of Florida, Second District
Jan 29, 1996
667 So. 2d 409 (Fla. Dist. Ct. App. 1996)

Opinion

No. 94-03768.

January 3, 1996. Rehearing Denied January 29, 1996.

Appeal from the Circuit Court, Sarasota County, Robert B. Bennett, Jr., J.

James Marion Moorman, Public Defender, and Julia Diaz, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Scott A. Browne, Assistant Attorney General, Tampa, for Appellee.


We affirm Johnnie Gray's conviction for second-degree murder with a weapon. However, we remand this case to the trial court with instructions to strike the $2.00 cost imposed pursuant to section 943.25(13), Florida Statutes (1993). This is a discretionary cost item which was not orally pronounced at sentencing. See Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995); Watson v. State, 647 So.2d 245 (Fla. 2d DCA 1994).

SCHOONOVER, A.C.J., and PATTERSON and QUINCE, JJ., concur.


Summaries of

Gray v. State

District Court of Appeal of Florida, Second District
Jan 29, 1996
667 So. 2d 409 (Fla. Dist. Ct. App. 1996)
Case details for

Gray v. State

Case Details

Full title:JOHNNIE GRAY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jan 29, 1996

Citations

667 So. 2d 409 (Fla. Dist. Ct. App. 1996)