Opinion
Case No. 96-02031
Opinion filed March 6, 1998. Rehearing Denied May 11, 1998
Appeal from the Circuit Court for Sarasota County; Harry Rapkin, Judge.
James Marion Moorman, Public Defender, and Deborah K. Brueckheimer, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Scott A. Browne, Assistant Attorney General, Tampa, for Appellee.
Appellant, convicted by a jury of sexual battery on a child under twelve, challenges his conviction and his sentence. While we find no error in appellant's conviction, we remand his sentence for correction to reflect the twenty-five-year minimum mandatory sentence that applies to appellant's offense under section 775.082(1)(b), Florida Statutes (Supp. 1994). We also note that the court failed to orally announce the $2 cost at sentencing in violation of Reyes v. State, 655 So.2d 111, 116 (Fla. 2d DCA 1995). Accordingly, that cost is stricken.
BLUE and NORTHCUTT, JJ., Concur.