Legal Opinion

Mallory v. State

District Court of Appeal of Florida

Decided September 22, 2011No. 1D10-3612PublishedCited by 7 opinions

1Opinion of the CourtWolf, J.

Appellant appeals his judgment and sentence for attempted second-degree murder with a firearm, inflicting death or great bodily harm. Appellant’s counsel filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and In re Anders Briefs, 581 So.2d 149 (Fla.1991).

We find no error in appellant’s judgment and sentence. However, we find the trial court erred in imposing, in the written judgment and sentence; a $2,100 fine pursuant to section 775.083, Florida Statutes (2009); a 5% surcharge in the amount of $105 pursuant to section 938.04, Florida…

2Cases cited3 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. In Re Anders BriefsSupreme Court of Florida · 1991
  3. Pullam v. StateDistrict Court of Appeal of Florida · 2011

3Cited by7 opinions

  1. Nix v. StateDistrict Court of Appeal of Florida · 2012
  2. Clavelle v. StateDistrict Court of Appeal of Florida · 2012
  3. Spear v. StateDistrict Court of Appeal of Florida · 2013
  4. Harris v. StateDistrict Court of Appeal of Florida · 2012
  5. Giles v. StateDistrict Court of Appeal of Florida · 2013

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