Kirby v. State

WHATLEY, Judge.

James Henry Kirby appeals his convictions and sentences for possession of cocaine and possession of paraphernalia. We affirm his convictions without discussion; however, we remand for resentencing and strike certain costs.

Kirby argues, and the state agrees, that Kirby’s sentence must be vacated and the cause remanded for the trial court to conform the written sentencing order to its oral pronouncement. See Nisbett v. State, 660 So.2d 813 (Fla. 2d DCA 1995).

Further, we strike $2 in court costs imposed pursuant to section 943.25(13), Florida Statutes (1993), because the cost is…