Chez Lamar Everette v. State of Florida ( 2015 )


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  •                                     IN THE DISTRICT COURT OF APPEAL
    FIRST DISTRICT, STATE OF FLORIDA
    CHEZ LAMAR EVERETTE,                NOT FINAL UNTIL TIME EXPIRES TO
    FILE MOTION FOR REHEARING AND
    Appellant,                    DISPOSITION THEREOF IF FILED
    v.                                  CASE NO. 1D14-389
    STATE OF FLORIDA,
    Appellee.
    _____________________________/
    Opinion filed May 27, 2015.
    An appeal from the Circuit Court for Escambia County.
    Linda L. Nobles, Judge.
    Nancy A. Daniels, Public Defender, and Zachary F. Lawton, Assistant Public
    Defender, Tallahassee, for Appellant.
    Pamela Jo Bondi, Attorney General, and Jessica DaSilva, Assistant Attorney
    General, Tallahassee, for Appellee.
    PER CURIAM.
    Appellant, Chez Lamar Everette, raises two issues challenging his judgment
    and sentence for trafficking in heroin. We affirm his conviction without further
    comment, but reverse and remand for correction of a sentencing error. The state
    properly concedes that the trial court erred by imposing a discretionary assessment
    without citing statutory authority in the written order. See Fisher v. State, 
    697 So. 2d
    1291, 1292 (Fla. 1st DCA 1997). On remand, the trial court may reimpose the
    assessment if it identifies its statutory basis.
    AFFIRMED in part, REVERSED in part, and REMANDED for entry of a
    corrected sentence.
    WOLF, ROWE, and SWANSON, JJ., CONCUR.
    2
    

Document Info

Docket Number: 14-0389

Filed Date: 5/26/2015

Precedential Status: Precedential

Modified Date: 5/27/2015