Legal Opinion

Butler v. State

District Court of Appeal of Florida

Decided May 19, 1995No. 94-01636PublishedCited by 1 opinion

1Opinion of the Court

WHATLEY, Judge.

In this appeal brought pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we have found no error affecting Butler’s conviction; however, we strike certain costs imposed by the trial court.

First, a cost of $300 was assessed by the trial court, referencing no statutory authority. Under Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995), it is mandatory for a trial court to provide the statutory basis for every cost item imposed. Accordingly, this cost must be stricken. On remand, the state may seek to reimpose appropriate costs in accordance with…

2Cases cited3 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. Reyes v. StateDistrict Court of Appeal of Florida · 1995
  3. Drinnon v. StateDistrict Court of Appeal of Florida · 1992

3Cited by1 opinion

  1. Jones v. StateDistrict Court of Appeal of Florida · 1995

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