Snyder v. State

Full title: MICHAEL JOHN SNYDER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: Nov 21, 1995

662 So. 2d 1033 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-1399.

November 21, 1995.

An appeal from the Circuit Court for Bay County; Clinton Foster, Judge.

Nancy A. Daniels, Public Defender; Carol Ann Turner, Assistant Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Attorney General; Patrick Martin, Assistant Attorney General, Tallahassee, for appellee.

PER CURIAM.

Michael Snyder challenges his judgment and sentence for arson. We find no reversible error as to the judgment of guilt, but find that appellant was not under legal constraint at the time of the crime and, therefore, the trial court erred in assessing legal constraint points in determining an appropriate guidelines sentence. We also find that the trial court incorrectly imposed a $1.00 per month fee for First Step, Inc. where said cost is not statutorily authorized. Metz v. State, 650 So.2d 1135 (Fla. 1st DCA 1995). We, therefore, reverse and remand for resentencing.

WOLF, LAWRENCE and BENTON, JJ., concur.