GEORGE SUMMERS, JR. v. STATE OF FLORIDA

IN THE SECOND DISTRICT COURT OF APPEAL, LAKELAND, FLORIDA
August 9, 2019
GEORGE SUMMERS, JR., )
)
Appellant, )
)
v. ) Case No. 2D17-3134
)
STATE OF FLORIDA, )
)
Appellee. )
)
BY ORDER OF THE COURT:
Upon consideration of the motion for rehearing or certification filed by
appellant on June 3, 2019,
IT IS ORDERED that the appellant's motion for rehearing is granted. The
opinion dated May 17, 2019, is withdrawn and the attached opinion is issued in its
place.
No further motions for rehearing will be entertained.
I HEREBY CERTIFY THE FOREGOING IS A
TRUE COPY OF THE ORIGINAL COURT ORDER.
MARY ELIZABETH KUENZEL, CLERK
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
GEORGE SUMMERS, JR., )
)
Appellant, )
)
v. ) Case No. 2D17-3134
)
STATE OF FLORIDA, )
)
Appellee. )
)
Opinion filed August 9, 2019.
Appeal from the Circuit Court for
Hillsborough County; Ronald Ficarrotta,
Judge.
Michael Ufferman, Tallahassee, for
Appellant.
Ashley Moody, Attorney General,
Tallahassee, and Laurie Benoit-Knox,
Assistant Attorney General, Tampa, for
Appellee.
SMITH, Judge.
George Summers, Jr., challenges the judgment and sentence imposed
after his conviction by a jury of lewd or lascivious molestation of a disabled person
under section 825.1025(3)(a), Florida Statutes (2017). We affirm the judgment and
sentence without comment. However, Summers argues, and the State concedes, the
trial court erred in imposing a $65 assessment pursuant to section 939.185, Florida
Statutes (2017), because the order assessing costs and fees fails to indicate the
applicable county ordinance. See Ayoub v. State, 901 So. 2d 311, 315 (Fla. 2d DCA
2005). We affirm the assessment but remand to the trial court for the limited purpose of
correcting the order assessing fines and costs to reflect the applicable county
ordinance.
Affirmed and remanded with instructions.
KHOUZAM, C.J., and LaROSE, J., Concur.
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