Florida District Courts of Appeal, 1996

Gray v. State

Gray v. State
Florida District Courts of Appeal · Decided January 3, 1996 · Patterson, Quince, Schoonover
667 So. 2d 409; 1996 Fla. App. LEXIS 60; 1996 WL 1150 (Southern Reporter, Second Series)

Gray v. State

Opinion of the Court

PER CURIAM.

We affirm Johnnie Gray’s conviction for second-degree murder with a weapon. However, we remand this case to the trial court with instructions to strike the $2.00 cost imposed pursuant to section 943.25(13), Florida Statutes (1993). This is a discretionary cost item which was not orally pronounced at sentencing. See Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995); Watson v. State, 647 So.2d 245 (Fla. 2d DCA 1994).

SCHOONOVER, A.C.J., and PATTERSON and QUINCE, JJ., concur.

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