Herrera v. State

Full title: ENRIQUE JOSE HERRERA, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Feb 1, 1995

650 So. 2d 1032 (Fla. Dist. Ct. App. 1995)

Opinion

No. 93-03462.

February 1, 1995.

Appeal from the Circuit Court for Hillsborough County; Edward H. Ward, Judge.

James Marion Moorman, Public Defender, and Cynthia J. Dodge, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Dale E. Tarpley, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

We affirm appellant's judgment and sentence. We reverse, however, the trial court's assessments for costs of prosecution and the Hillsborough County court improvement fund. Sutton v. State, 635 So.2d 1032 (Fla. 2d DCA 1994). On remand, the state may seek to reimpose these costs consistent with the law of Sutton.

Affirmed in part, reversed in part, and remanded.

FRANK, C.J., and THREADGILL and LAZZARA, JJ., concur.