Opinion
Case No. 5D00-2118.
Opinion filed March 8, 2002
Appeal from the Circuit Court for Osceola County, Frank N. Kaney, Senior Judge.
Ryan Thomas Truskoski of Ryan Thomas Truskoski, P.A., Orlando, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee.
Javier Perez appeals his conviction and sentence for sexual battery without force on a person twelve years of age or older. We affirm Perez's conviction. However, we vacate the portion of Perez's sentence which requires that any amount over $10 in his inmate account be paid to the Osceola County Collections Court. See Blackiston v. State, 772 So.2d 554 (Fla 5th DCA 2000) (holding that the administrative order creating the Ninth Circuit's Collections Court Program improperly limited the discretionary authority vested in trial courts to utilize the program). Otherwise, Perez's sentence is affirmed.
JUDGMENT AFFIRMED; SENTENCE AFFIRMED in part and VACATED in part.
THOMPSON, C.J., and ORFINGER, R.B., J., concur.