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Florida District Courts of Appeal, 1996

Curry v. State

Curry v. State
Florida District Courts of Appeal · Decided November 20, 1996 · Campbell, Lazzara, Whatley
696 So. 2d 774; 1996 Fla. App. LEXIS 12323; 1996 WL 670450 (Southern Reporter, Second Series)

Curry v. State

Opinion of the Court

PER CURIAM.

Curry challenges the denial of his motion to suppress and the costs imposed at sentencing. We find that Curry’s motion to suppress was correctly denied and affirm his adjudication and sentence without discussion, but we strike one court cost.

A cost of $2 was assessed pursuant to section 943.25(13), Florida Statutes (1993). This cost is discretionary, and since the trial court failed to give Curry notice of this cost, this cost must be stricken. See Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995).

*775Accordingly, we affirm the judgment and sentence, but we strike one court cost.

CAMPBELL, A.C.J., and LAZZARA and WHATLEY, JJ., concur.

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