Gianfrancisco v. State
Gianfrancisco v. State
Opinion of the Court
Appellant, Monty W. Gianfrancisco, appeals the judgments and sentences entered after he was found guilty of second degree murder and grand theft. We find that the trial court erred in assessing certain costs against appellant, but we affirm the judgments and sentences in all other respects.
Appellant was originally charged with committing first degree murder and rob
Appellant does not contest his convictions or the sentences imposed, but he does contend that the court erred in assessing costs against him pursuant to section 27.-3455. We agree. Appellant’s crimes were committed during the month of February, 1985. Section 27.3455 did not become effective until July 1, 1985, and at the time appellant was sentenced in December, 1985, the statute required the imposition of penalties for nonpayment of the costs.
We, therefore, strike from the judgments and sentences the costs imposed pursuant to section 27.3455. We affirm the trial court in all other respects.
Affirmed as modified.
. Section 27.3455 has since been amended by chapter 86-154, section 1, Laws of Florida, to delete the penalty provisions for failure to pay the costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.