Green v. State

Full title: Herman GREEN, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, First District.

Date published: Nov 24, 2014

150 So. 3d 826 (Fla. Dist. Ct. App. 2014)

Opinion

No. 1D14–2082.

2014-11-24

Herman GREEN, Appellant, v. STATE of Florida, Appellee.

An appeal from the Circuit Court for Escambia County. Gary L. Bergosh, Judge. Herman Green, pro se, Appellant. Pamela Jo Bondi, Attorney General, and Trisha Meggs Pate, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

An appeal from the Circuit Court for Escambia County. Gary L. Bergosh, Judge.
Herman Green, pro se, Appellant. Pamela Jo Bondi, Attorney General, and Trisha Meggs Pate, Assistant Attorney General, Tallahassee, for Appellee.
PER CURIAM.

We affirm, without further discussion, the denial of grounds one through four of the appellant's motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). However, we reverse and remand the denial of ground five for the trial court to strike the $699.05 fine imposed pursuant to section 775.083, Florida Statutes, and the related surcharge of $34.95. See Willits v. State, 884 So.2d 73, 74 (Fla. 2d DCA 2004). The appellant need not be present when the fine is stricken. Id.

Affirmed in part, reversed and remanded in part, with directions. PADOVANO, WETHERELL, and SWANSON, JJ., concur.