Opinion
No. 2D97-3381
Opinion filed June 30, 2000.
Appeal from the Circuit Court for Manatee County; Janette Dunnigan, Judge.
James Marion Moorman, Public Defender, and John S. Lynch, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Michael J. Scionti, Assistant Attorney General, Tampa, for Appellee.
Richard D. Taylor challenges the sentences entered pursuant to his nolo contendere plea for offenses occurring on January 2, 1997. His sentences were imposed pursuant to the 1995 sentencing guidelines. Thus, we remand this case to the trial court to reconsider the sentences imposed for all counts upon which Taylor entered his plea. See Smith v. State, 25 Fla. L. Weekly D1273 (Fla. 2d DCA May 24, 2000).
Taylor also challenges, as improperly duplicative, the imposition of two $3 assessments. However, the unpreserved error in the assessment of one of the discretionary costs is not correctable on direct appeal. See Maddox v. State, 25 Fla. Law Weekly S367 (Fla. May 11, 2000).
PARKER, A.C.J., and ALTENBERND and SALCINES, JJ., Concur.