Legal Opinion

Montanez v. State

District Court of Appeal of Florida

Decided July 25, 2019No. Case No. 5D18-193Published

1Per curiam

We affirm Juan Francisco Montanez's judgment and sentence for trafficking in twenty-eight grams or more of heroin and possession of drug paraphernalia, but we reverse and remand the imposition of the $100 cost for the FDLE Operating Trust Fund pursuant to section 938.055, Florida Statutes (2018). The trial court failed to orally pronounce this cost at sentencing. See *1266Cain v. State, 197 So.3d 1096, 1096 (Fla. 1st DCA 2016) (reversing and remanding $100 cost for FDLE Operating Trust Fund pursuant to section 938.055, because trial court failed to orally pronounce cost at sentencing hearing but…

2Cases cited2 opinions

  1. Oliver v. StateDistrict Court of Appeal of Florida · 2011
  2. Cain v. StateDistrict Court of Appeal of Florida · 2016

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