Kinard v. State

Florida District Courts of Appeal May 17, 1996

Kinard v. State, 673 So. 2d 548 (1996)

1996 Fla. App. LEXIS 5145; 1996 WL 257326

Cobb, Harris, Peterson

Opinion of the Court

PER CURIAM.

We affirm the judgments and sentences in this Anders1 appeal with one exception. The assessment of $100 pursuant to section 893.13(4)(b), Florida Statutes,2 is stricken because the defendant was not sentenced for a drug offense. The statute specifically requires that a sentence be imposed for a drug offense before these costs may be assessed. Verderosa v. State, 671 So.2d 806 (Fla. 5th DCA1996).

AFFIRMED AS MODIFIED.

PETERSON, CJ., and COBB and HARRIS, JJ., concur.

. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

. This provision is now found at section 893.13(8)(b), Florida Statutes.

Reference

Full Case Name: Roy David KINARD, III v. STATE of Florida
Cited By: 1 case
Status: Published