Johnson v. State

Full title: LORETTA JOHNSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Mar 27, 1996

670 So. 2d 1111 (Fla. Dist. Ct. App. 1996)

Opinion

No. 94-03472.

March 27, 1996.

Appeal from the Circuit Court for Hillsborough County; Diana M. Allen, Judge.

James Marion Moorman, Public Defender, and John T. Kilcrease, Jr., Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.

WHATLEY, Judge.

Johnson appeals the trial court's denial of her motion to suppress and the imposition of a fine for the Hillsborough County Court Improvement Fund. We affirm the denial of her motion to suppress without discussion, and we strike the fine.

The trial court imposed a $15.00 fine for the Hillsborough County Court Improvement Fund as a condition of Johnson's probation. In Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995), this court found that such fine is not authorized under any statute as a cost or a fine. Consequently, we strike this fine. See Brown v. State, 20 Fla. L. Weekly, D2397, ___ So.2d ___ (Fla. 2d DCA Oct. 25, 1996).

Accordingly, we affirm the judgment and sentence, and we strike the above mentioned fine.

SCHOONOVER, A.C.J., and FRANK, J., concur.