Sanders v. State

Full title: ALFRED SANDERS, APPELLANT v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Aug 7, 1996

678 So. 2d 442 (Fla. Dist. Ct. App. 1996)

Opinion

No. 95-01348.

August 7, 1996.

Appeal from the Circuit Court, Sarasota County, Harry M. Rapkin, J.

James Marion Moorman, Public Defender, and Amy Porinchak Thornhill, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Angela D. McCravy, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Alfred Sanders appeals his judgment and sentence for carrying a concealed weapon as a convicted felon. We affirm the judgment and sentence but remand with directions to strike the $2.00 cost imposed pursuant to section 943.25 (13), Florida Statutes (1993). This cost is discretionary and must be pronounced orally in order to be validly imposed. Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995) (en banc). Since the trial court did not pronounce this cost at sentencing, it must be stricken.

SCHOONOVER, A.C.J., and QUINCE and WHATLEY, JJ., concur.