Payne v. State

Full title: REBECCA DENISE PAYNE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Apr 10, 1996

680 So. 2d 496 (Fla. Dist. Ct. App. 1996)

Opinion

No. 94-04400.

April 10, 1996.

An appeal from the Circuit Court for Polk County; Joe R. Young, Jr., Judge.

James Marion Moorman, Public Defender, and Robert D. Rosen, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Tonja R. Vickers, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Rebecca Denise Payne appeals her conviction for possession of cocaine within 1000 feet of a school and also appeals the imposition of a cost/fine. We affirm the conviction but strike the cost/fine.

The state concedes that the trial court erred by assessing a "cost/fine" of $33 without statutory authority to do so. Accordingly, we strike that assessment. See Coby v. State, 666 So.2d 238 (Fla. 2d DCA 1996). The court may reimpose the cost/fine upon remand. See Colby, 666 So.2d at 239 (citing Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995) (en banc)).

RYDER, A.C.J., and PARKER and LAZZARA, JJ., concur.