Gore v. State

THREADGILL, Judge.

David Eugene Gore appeals from a sentence which exceeded the guidelines recommendation and imposed costs without notice or a determination of ability to pay. We affirm the departure sentence but strike the imposition of costs.

A jury convicted the appellant of aggravated battery. The evidence at trial showed that the appellant had fought and cut his opponent with a knife early one morning outside of a Tampa bar. The appellant had been out of prison only four months after serving a six-year sentence for two counts of aggravated battery and one count of resisting arrest with…