Legal Opinion

Harris v. State

District Court of Appeal of Florida

Decided September 26, 1997No. 96-02247Published

1Opinion of the Court

BLUE, Acting Chief Judge.

Lemuel Ronald Harris appeals the trial court’s assessment of fines, costs, and restitution imposed for his conviction for the purchase of cocaine. We affirm Harris’s conviction and sentence with the following exceptions and remand for resentencing.

We strike the discretionary fine of $44.77 and the surcharge of $2.23 because the trial court failed to orally pronounce the statutory basis for the fine. See Price v. State, 697 So.2d 937 (Fla. 2d DCA 1997); Anderson v. State, 22 Fla. L. Weekly D1796, — So.2d -, 1997 WL 400340 (Fla. 2d DCA July 18, 1997).

In addition,…

2Cases cited5 opinions

  1. Bourque v. StateDistrict Court of Appeal of Florida · 1992
  2. Trice v. StateDistrict Court of Appeal of Florida · 1995
  3. Anderson v. StateDistrict Court of Appeal of Florida · 1997
  4. Price v. StateDistrict Court of Appeal of Florida · 1997
  5. Howard v. StateDistrict Court of Appeal of Florida · 1996

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