Florida District Courts of Appeal, 1995

Stillings v. State

Stillings v. State
Florida District Courts of Appeal · Decided November 17, 1995 · Campbell, Frank, Ryder
685 So. 2d 852; 1995 Fla. App. LEXIS 12114; 1995 WL 681287 (Southern Reporter, Second Series)

Stillings v. State

Opinion of the Court

PER CURIAM.

In this Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967) appeal, appellant raises three issues for consideration. We find no merit in the first two issues and affirm appellant’s judgment and sentence for possession and delivery of cocaine. We do, however, find merit in appellant’s argument that the imposition of $2.00 in discretionary costs was improper.

Appellant was assessed $2.00 pursuant to section 943.25(13), Florida Statutes (1993), without notice and an' opportunity to be heard. This court has held that a discretionary cost must be orally pronounced at sentencing so that a defendant is aware of the statutory basis for the cost and has the opportunity to object. Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995); Watson v. State, 647 So.2d 245 (Fla. 2d DCA 1994). Since this was not done in the present case, we hereby strike those $2.00 in costs.

RYDER, A.C.J., and CAMPBELL and FRANK, JJ., concur.

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