Gregory v. State

Full title: RAYMOND LEROY GREGORY, Appellant, v. STATE OF FLORIDA, Appellee.

Court: DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

Date published: May 8, 2015

CASE NO. 1D13-4625 (Fla. Dist. Ct. App. May. 8, 2015)

Opinion

CASE NO. 1D13-4625

05-08-2015

RAYMOND LEROY GREGORY, Appellant, v. STATE OF FLORIDA, Appellee.

Nancy A. Daniels, Public Defender, and Zachary F. Lawton, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Lauren L. Brudnicki, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED An appeal from the Circuit Court for Nassau County.
Robert M. Foster, Judge.
Nancy A. Daniels, Public Defender, and Zachary F. Lawton, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Lauren L. Brudnicki, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM.

The state properly concedes that the trial court erred by imposing a discretionary assessment of $50 for the Crime Prevention Fund when that fee was not orally pronounced with specificity and the appellant was not provided with an opportunity to contest the amount. See, e.g., Roberts v. State, 813 So. 2d 1016, 1017 (Fla. 1st DCA 2002). Thus, the $50 fee should be stricken from the appellant's judgment and sentence.

In all other respects, the sentence, like the judgment of conviction, is AFFIRMED, and the cause is REMANDED for entry of a corrected sentence. WOLF, ROWE, and SWANSON, JJ., CONCUR.