Florida District Courts of Appeal, 1997

Frazier v. State

Frazier v. State
Florida District Courts of Appeal · Decided February 20, 1997 · Lawrence, Padovano, Webster
688 So. 2d 2; 1997 Fla. App. LEXIS 1363; 1997 WL 68056 (Southern Reporter, Second Series)

Frazier v. State

Opinion of the Court

PER CURIAM.

In this direct criminal appeal, the sole issue directed to appellant’s conviction merits neither discussion nor reversal. Accordingly, we affirm the conviction. However, we reverse the imposition of a cost identified only as “CLTF FS893” in the amount of $100.00, because neither the order imposing this cost nor the transcript of the sentencing hearing identifies to what it is attributable, or its statutory basis. To the extent that it represents an unidentified mandatory cost, on remand, the trial court may reimpose it, provided that it specifies the statute mandating imposition. Whitfield v. State, 21 Fla. L. Weekly D2052, — So.2d - [1996 WL 511535] (Fla. 1st DCA Sept. 11, 1996). To the extent that it represents a discretionary cost, it may be reimposed on remand, provided that appellant is afforded notice and an adequate opportunity to contest it. Anderson v. State, 658 So.2d 1231 (Fla. 1st DCA 1995).

AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.

WEBSTER, LAWRENCE and PADOVANO, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.