Torti v. State
Torti v. State
Opinion of the Court
Torti appeals from his convictions for grand theft
The first error was an assessment of $200.00 pursuant to section 775.0836, Florida Statutes (1995), which is applicable when the victim of the crime is elderly or handicapped. In this case, Torti stole a Pathfinder vehicle from a dealership. There is not an appropriate victim in this case for the assessment of the $200.00.
The second error was the court’s imposition of a three-year, mandatory minimum sentence for having committed an offense with a firearm. See § 775.087(2), Fla. Stat. (1995). Torti was not charged with possessing a firearm in the commission of either offense nor would the evidence at trial have supported such a finding. Further, during the sentencing hearing no such oral pronouncement was made by the trial court.
AFFIRMED. $200.00 fee STRICKEN; Sentence VACATED, in part.
. § 812.014(1) and (2)(c), Fla.Stat. (1995).
. § 316.193(l)(a) and (2)(a), Fla.Stat. (1995).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.