Mills v. State

DANAHY, Judge.

The appellant challenges the sentence imposed upon him after he pled no contest to two counts of simple battery and one count of resisting an officer without violence. The appellant was sentenced to two consecutive years of probation for the battery charges, and we find no flaw in that aspect of the sentence. However, we agree with the appellant that a fine and certain costs imposed upon him as conditions of probation are improper.

The cost of $2 for the criminal justice education fund under section 943.25(13),' Florida Statutes (1995), is a discretionary cost and may not be…