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Florida District Courts of Appeal, 2009

Luciano v. State

Luciano v. State
Florida District Courts of Appeal · Decided July 10, 2009 · Cohen, Lawson, Torpy
12 So. 3d 917; 2009 Fla. App. LEXIS 9504; 2009 WL 1971633 (Southern Reporter, Third Series)

Luciano v. State

Opinion

*918 ON REMAND

PER CURIAM.

In accordance with the mandate from the Florida Supreme Court, we vacate our prior opinion and substitute this opinion in its stead.

Appellant’s convictions for shooting from a vehicle and shooting into an occupied vehicle are affirmed. 1 Valdes v. State, 3 So.3d 1067 (Fla. 2009). Based on the concession by the State of the lack of eviden-tiary support for the award of investigative costs, we remand this cause with instructions that the trial court strike the award. The trial court may re-impose such costs upon appropriate motion and proof.

CONVICTIONS AFFIRMED; AWARD OF COSTS REMANDED.

TORPY, LAWSON and COHEN, JJ., concur.
1

. § 790.15(2), Fla. Stat. (2006); § 790.19, Fla. Stat. (2006).

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

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