Florida District Courts of Appeal, 1994

Barton v. State

Florida District Courts of Appeal · Decided October 26, 1994 · No. 93-04016 · Altenbernd, Danahy, Fulmer

644 So. 2d 153; 1994 Fla. App. LEXIS 10376; 1994 WL 583282 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Fernandez v. State (Fla. Dist. Ct. App. 1995)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Lee Ann Barton appeals her conviction and sentence for attempted manslaughter. We affirm the judgment and sentence in all respects, but pursuant to our decision in Sutton v. State, 635 So.2d 1032 (Fla. 2d DCA 1994), we strike the imposition of $2500 in court costs because the state did not prove the statutory basis for such assessment. On remand the state may seek to reimpose these costs upon proper proof consistent with Sutton.

Affirmed as modified and remanded with directions.

DANAHY, A.C.J., and ALTENBERND and FULMER, JJ., concur.

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