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Spells v. State

District Court of Appeal of Florida, Second District
Sep 6, 2006
939 So. 2d 1091 (Fla. Dist. Ct. App. 2006)

Opinion

No. 2D05-1883.

September 6, 2006.

Appeal from the Circuit Court for Pinellas County; R. Timothy Peters, Judge.

James Marion Moorman, Public Defender, and William L. Sharwell, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Richard M. Fishkin, Assistant Attorney General, Tampa, for Appellee.


Vincent Bernard Spells appeals the judgments and sentences that were imposed on him after a jury found him guilty of trafficking in heroin, possession of co-caine, and possession of marijuana. Mr. Spells argues that the trial court erred in denying his motion to suppress evidence obtained after the execution of a search warrant. We conclude that tile search warrant was properly issued and that the trial court correctly denied Mr. Spells' motion to suppress. Accordingly, we affirm Mr. Spells' judgments and sentences.

In a separate issue, Mr. Spells argues that a $2 cost item assessed in accordance with section 938.15, Florida Statutes (2004), should be stricken because it may be assessed only for a violation of a county or municipal ordinance. Mr. Spells preserved this issue by filing an appropriate motion under Florida Rule of Criminal Procedure 3.800(b)(2). We affirm the imposition of the $2 in costs under the statute. See Kimball v. State, 933 So.2d 1285 (Fla. 2d DGA 2006).

Affirmed.

WHATLEY, KELLY, and WALLACE, JJ., concur.


Summaries of

Spells v. State

District Court of Appeal of Florida, Second District
Sep 6, 2006
939 So. 2d 1091 (Fla. Dist. Ct. App. 2006)
Case details for

Spells v. State

Case Details

Full title:Vincent Bernard SPELLS, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Sep 6, 2006

Citations

939 So. 2d 1091 (Fla. Dist. Ct. App. 2006)