Spencer v. State

Full title: ANNIE J. SPENCER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: Feb 21, 1995

650 So. 2d 228 (Fla. Dist. Ct. App. 1995)

Opinion

No. 93-4095.

February 21, 1995.

An appeal from the Circuit Court for Washington County; Russell A. Cole, Judge.

Nancy A. Daniels, Public Defender, and Carl S. McGinnes, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Marilyn McFadden, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

Counsel for appellant has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Having reviewed the record as required by State v. Causey, 503 So.2d 321 (Fla. 1987), we affirm the judgment and sentence, with the exception of the assessment of a $25.00 court facility fee for which no statutory authority is cited. Costs assessed in a criminal case must be specifically authorized by statute, Williams v. State, 596 So.2d 758 (Fla. 2d DCA 1992). On remand, the trial court should either cite the statutory authority for this fee or strike it.

AFFIRMED in part, REVERSED in part and remanded.

JOANOS, LAWRENCE and BENTON, JJ., concur.