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Kapuscinski v. State

District Court of Appeal of Florida, Second District
May 9, 1997
693 So. 2d 122 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 95-04231.

Opinion filed May 9, 1997.

Appeal from the Circuit Court for Manatee County; Robert J. Boylston, Judge.

James Marion Moorman, Public Defender and A. Victoria Wiggins, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee and Ann Pfeiffer Corcoran, Assistant Attorney General, Tampa, for Appellee.


Mark Kapuscinski has appealed from the denial of his motion to suppress, which we affirm. He has further contended, and the state has conceded, that the court erred in imposing costs of $105.00 without citation to statutory authority. See Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995). Accordingly, we reverse the costs order and remand. The state may seek reimposition of the costs with reference to the proper authority. Sutton v. State, 635 So.2d 1032 (Fla. 2d DCA 1994).

Affirmed in part and remanded for further proceedings.

DANAHY, A.C.J. and ALTENBERND, J., Concur.


Summaries of

Kapuscinski v. State

District Court of Appeal of Florida, Second District
May 9, 1997
693 So. 2d 122 (Fla. Dist. Ct. App. 1997)
Case details for

Kapuscinski v. State

Case Details

Full title:MARK KAPUSCINSKI, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: May 9, 1997

Citations

693 So. 2d 122 (Fla. Dist. Ct. App. 1997)