Raymond Leroy Gregory v. State of Florida ( 2015 )


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  •                                      IN THE DISTRICT COURT OF APPEAL
    FIRST DISTRICT, STATE OF FLORIDA
    RAYMOND LEROY                        NOT FINAL UNTIL TIME EXPIRES TO
    GREGORY,                             FILE MOTION FOR REHEARING AND
    DISPOSITION THEREOF IF FILED
    Appellant,
    CASE NO. 1D13-4625
    v.
    STATE OF FLORIDA,
    Appellee.
    _____________________________/
    Opinion filed May 8, 2015.
    An appeal from the Circuit Court for Nassau County.
    Robert M. Foster, Judge.
    Nancy A. Daniels, Public Defender, and Zachary F. Lawton, Assistant Public
    Defender, Tallahassee, for Appellant.
    Pamela Jo Bondi, Attorney General, and Lauren L. Brudnicki, Assistant Attorney
    General, Tallahassee, for Appellee.
    PER CURIAM.
    The state properly concedes that the trial court erred by imposing a
    discretionary assessment of $50 for the Crime Prevention Fund when that fee was
    not orally pronounced with specificity and the appellant was not provided with an
    opportunity to contest the amount. See, e.g., Roberts v. State, 
    813 So. 2d 1016
    ,
    1017 (Fla. 1st DCA 2002). Thus, the $50 fee should be stricken from the appellant’s
    judgment and sentence.
    In all other respects, the sentence, like the judgment of conviction, is
    AFFIRMED, and the cause is REMANDED for entry of a corrected sentence.
    WOLF, ROWE, and SWANSON, JJ., CONCUR.
    2
    

Document Info

Docket Number: 13-4625

Filed Date: 5/11/2015

Precedential Status: Precedential

Modified Date: 5/12/2015