MALLORY MC CANN v. STATE OF FLORIDA ( 2018 )


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  •                NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
    MOTION AND, IF FILED, DETERMINED
    IN THE DISTRICT COURT OF APPEAL
    OF FLORIDA
    SECOND DISTRICT
    MALLORY McCANN,                               )
    )
    Appellant,                      )
    )
    v.                                            )       Case No. 2D16-812
    )
    STATE OF FLORIDA,                             )
    )
    Appellee.                       )
    )
    Opinion filed July 27, 2018.
    Appeal from the Circuit Court for Collier
    County; Lauren L. Brodie, Judge.
    Michael Ufferman of Michael Ufferman
    Law Firm, P.A., Tallahassee, for Appellant.
    Pamela Jo Bondi, Attorney General,
    Tallahassee, and Jeffrey H. Siegal,
    Assistant Attorney General, Tampa, for
    Appellee.
    BLACK, Judge.
    Mallory McCann challenges her fifteen-year sentence for armed robbery.
    We affirm the sentence without comment. However, we agree with McCann's
    contention that the trial court erred in imposing a $65 assessment pursuant to section
    939.185(1)(a), Florida Statues (2015), because the order assessing costs and fees fails
    to indicate the applicable county ordinance.1 See Swift v. State, 
    53 So. 3d 394
    , 395
    (Fla. 2d DCA 2011) (citing Ayoub v. State, 
    901 So. 2d 311
    , 315 (Fla. 2d DCA 2005));
    Carter v. State, 
    173 So. 3d 1048
    , 1051 (Fla. 1st DCA 2015). We affirm the assessment
    but remand for the trial court to enter an amended order assessing costs and fees
    reflecting the applicable county ordinance. See Swift, 
    53 So. 3d at 395
    .
    Affirmed; remanded with directions.
    ATKINSON, J., and CASE, JAMES R., ASSOCIATE SENIOR JUDGE, Concur.
    1McCann   preserved this issue by raising it in a motion to correct sentence
    pursuant to Florida Rule of Criminal Procedure 3.800(b)(2).
    -2-
    

Document Info

Docket Number: 16-0812

Filed Date: 7/27/2018

Precedential Status: Precedential

Modified Date: 7/27/2018