Florida District Courts of Appeal, 2000

Labarbara v. State

Labarbara v. State
Florida District Courts of Appeal · Decided November 8, 2000 · Blue, Patterson, Threadgill
779 So. 2d 483; 2000 Fla. App. LEXIS 14599; 2000 WL 1671196 (Southern Reporter, Second Series)

Labarbara v. State

Opinion of the Court

PER CURIAM.

William Labarbara appeals from the $1,050 fine imposed upon him under section 775.0835, Florida Statutes (1997). That section authorizes the imposition of a fine when a person pleads guilty or nolo contendere to any felony which resulted in the injury or death of another person. Because there was no evidence of the injury or death of any person in this case, the statute is inapplicable. See Skitka v. State, 627 So.2d 589 (Fla. 2d DCA 1993). Therefore, we affirm Labarbara’s convictions and sentences and strike the fine.

PATTERSON, C.J., and THREADGILL and BLUE, JJ„ Concur.

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