Legal Opinion

Brown v. State

District Court of Appeal of Florida

Decided January 21, 1998No. 96-1501Published

1Per curiam

We affirm the appellant’s judgment and sentence for burglary with assault, aggravated battery on an elderly person and robbery. However, as the State correctly concedes error, we reverse the $2 discretionary cost imposed under Section 943.25(13), Florida Statutes (1995), because it was not orally imposed at the sentencing hearing. See Basden v. State, 686 So.2d 788 (Fla. 3d DCA 1997); Reyes v. State, 655 So.2d 111, 117 (Fla. 2d DCA 1995).

Affirmed in part; reversed in part.

2Cases cited2 opinions

  1. Reyes v. StateDistrict Court of Appeal of Florida · 1995
  2. Basden v. StateDistrict Court of Appeal of Florida · 1997