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Holloway v. State

District Court of Appeal of Florida, Second District
Jul 16, 1993
621 So. 2d 562 (Fla. Dist. Ct. App. 1993)

Opinion

No. 92-03264.

July 16, 1993.

Appeal from the Circuit Court for Polk County; Carolyn K. Fulmer, Judge.

James Marion Moorman, Public Defender, and D.P. Chanco, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Peggy A. Quince, Asst. Atty. Gen., Tampa, for appellee.


We affirm appellant's convictions and sentence. Counsel has filed an Anders brief in which he concedes that the trial court did not abuse its discretion in refusing to allow appellant to withdraw his plea of nolo contendere. We agree.

Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

Counsel does point out two problems with respect to the imposition of court costs. Appellant was assessed $233.00 pursuant to section 27.3455, Florida Statutes (1991), and $50.00 pursuant to section 960.20, Florida Statutes (1991). Section 27.3455 limits such assessments to $200.00 for felonies, while the version of section 960.20 in effect at the time of appellant's offenses calls for court costs of only $20.00. After remand the trial court should correct the judgment accordingly.

Convictions and sentence affirmed; remanded for correction of judgment.

SCHOONOVER, A.C.J., and HALL and BLUE, JJ., concur.


Summaries of

Holloway v. State

District Court of Appeal of Florida, Second District
Jul 16, 1993
621 So. 2d 562 (Fla. Dist. Ct. App. 1993)
Case details for

Holloway v. State

Case Details

Full title:JAMES A. HOLLOWAY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jul 16, 1993

Citations

621 So. 2d 562 (Fla. Dist. Ct. App. 1993)

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Section 27.3455(1)(a) limits such assessments to $200. Holloway v. State, 621 So.2d 562 (Fla. 2d DCA 1993).…