Florida District Courts of Appeal, 1986

Ellerby v. State

Florida District Courts of Appeal · Decided July 10, 1986 · Dauksch, Sharp, Upchurch

490 So. 2d 1362; 1986 Fla. App. LEXIS 8738 (Southern Reporter, Second Series)

Opinion of the Court

DAUKSCH, Judge.

This is an appeal from burglary and petit larceny convictions. We affirm the convictions but sua sponte vacate that portion of the sentence which requires payment of costs under Section 27.3455(1). See Yost v. State, 489 So.2d 131 (Fla. 5th DCA 1986).

CONVICTION AFFIRMED; SENTENCE MODIFIED as to costs only.

UPCHURCH, C.J., and SHARP, J., concur.

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