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Florida District Courts of Appeal, 1998

Tatum v. State

Tatum v. State
Florida District Courts of Appeal · Decided February 18, 1998 · Gunther, Shahood, Stone
708 So. 2d 958; 1998 Fla. App. LEXIS 1388; 1998 WL 63961 (Southern Reporter, Second Series)

Tatum v. State

Opinion of the Court

PER CURIAM.

We affirm the conviction and sentence of appellant. Appellee concedes, and we agree that section 893.16(1), Florida Statutes (1995), does not apply to appellant’s conviction of second degree murder with a firearm. See Morris v. State, 696 So.2d 956 (Fla. 4th DCA 1997). We accordingly remand to the trial court to delete the $50 Drug Abuse Trust Fund Assessment from its order.

AFFIRMED; REMANDED WITH DIRECTIONS.

STONE, C.J., and GUNTHER and SHAHOOD, JJ., concur.

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