Florida District Courts of Appeal, 1998

Higdon v. State

Higdon v. State
Florida District Courts of Appeal · Decided March 6, 1998 · Blue, Campbell, Northcutt
709 So. 2d 572; 1998 Fla. App. LEXIS 2175; 1998 WL 95331 (Southern Reporter, Second Series)

Higdon v. State

Opinion of the Court

CAMPBELL, Acting Chief Judge.

Appellant, convicted by a jury of sexual battery on a child under twelve, challenges his conviction and his sentence. While we find no error in appellant’s conviction, we remand his sentence for correction to reflect the twenty-five-year minimum mandatory sentence that applies to appellant’s offense under section 775.082(1)(b), Florida Statutes (Supp. 1994). We also note that the court failed to orally announce the $2 cost at sentencing in violation of Reyes v. State, 655 So.2d 111, 116 (Fla. 2d DCA 1995). Accordingly, that cost is stricken.

BLUE and NORTHCUTT, JJ., concur.

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