Florida District Courts of Appeal, 2009

Outin v. State

Florida District Courts of Appeal · Decided July 2, 2009 · Cobb, Griffin, Monaco

12 So. 3d 322; 2009 Fla. App. LEXIS 8701; 2009 WL 1883908 (Southern Reporter, Third Series)

Opinion of the Court

PER CURIAM.

In this Anders1 appeal, we affirm Appellant’s judgment and sentence, but reduce the trial court’s assessment of $350 for “Cost of Prosecution” against Appellant to the $100 statutory minimum that is required by section 938.27, Florida Statutes (2008). We find that in the context of this case, the trial court’s decision to reimpose the $250, now stricken, was undertaken without the necessary statutory authority supporting the additional assessment.

AFFIRMED IN PART and REVERSED IN PART.

MONACO, C.J., GRIFFIN, J., and COBB, W., Senior Judge, concur.

. See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

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