Florida District Courts of Appeal, 2013

Turner v. State

Turner v. State
Florida District Courts of Appeal · Decided February 28, 2013 · Marstiller, Roberts, Wetherell
109 So. 3d 276; 2013 WL 709770; 2013 Fla. App. LEXIS 3215 (Southern Reporter, Third Series)
Turner v. State

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Opinion of the Court

PER CURIAM.

The appellant’s counsel filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We affirm the appellant’s conviction and sentence, but reverse and remand for correction of a statutorily excessive fine.

Section 938.05(l)(a), Florida Statutes (2011), mandates a $225 fine for felony convictions. Here, the court imposed a $230 fine. We reverse the imposition of the $230 fine in violation of section 938.05(l)(a) and remand with instructions to reduce the fine to $225 and correct the judgment accordingly.

AFFIRMED in part, REVERSED in part, and REMANDED for proceedings consistent with this opinion.

ROBERTS, WETHERELL, and MARSTILLER, JJ., concur.

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