LEMUEL ALVAREZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2013-04-26
No. 5D11-3985
Lawson, J., Jacobus, J., Berger, J.
111 So. 3d 969 Florida District Court of Appeal, Fifth District (2013)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Affirmed conviction for aggravated battery with a firearm; remanded to correct improper sentencing costs including a Crime Stoppers assessment, traffic violation fee, and mathematical error.


Holding

The trial court improperly imposed a $20 Crime Stoppers Trust Fund assessment, a $3 traffic violation cost, and a $1 mathematical error in the court costs/fee order, which must be corrected on remand.


Headnotes

[1] The Crime Stoppers Trust Fund assessment under the 2009 version of section 938.06(1) should not have been imposed where the statute was amended effective July 1, 2010, af…

Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Lemuel Alvarez was convicted by jury verdict of one count of aggravated battery with a firearm. At sentencing, the trial court imposed various costs a…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM.

PER CURIAM.

Lemuel Alvarez timely appeals his conviction by jury verdict for one count of aggravated battery with a firearm,1 also challenging the trial judge’s denial of his 3.800(b)(2) motion to correct sentencing *970errors, which addressed several cost issues. As the State concedes, the $20 assessment imposed pursuant to the “Crime Stoppers Trust Fund”2 and an inapplicable $3 traffic violation cost were improperly imposed at sentencing. Additionally, the State acknowledges that the written court costs/fee order contains a $1 mathematical error that needs to be corrected. On remand, these items shall be corrected by entry of an amended order. No other issue merits discussion.

AFFIRMED; REMANDED WITH DIRECTIONS TO ENTER AMENDED COURT COST/FEE ORDER.

LAWSON, JACOBUS and BERGER, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw