DANIEL JAMES SORENSON
v.
STATE OF FLORIDA
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A $36 cost assessed under section 318.18(11)(b), Florida Statutes, must be struck when the defendant was not charged with a traffic infraction.
[1] A cost assessment under section 318.18(11)(b), Florida Statutes, is authorized only when a defendant has been charged with a traffic infraction and must be struck if the…
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Join FLexlaw to unlock all legal intelligenceDaniel James Sorenson was convicted and sentenced in Brevard County Circuit Court. A $36 cost was assessed against him pursuant to section 318.18(11)(…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
DANIEL JAMES SORENSON,
Appellant,
v. Case No. 5D19-2276
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed February 21, 2020
Appeal from the Circuit Court for Brevard County, Charles G. Crawford, Judge.
James S. Purdy, Public Defender, and Darnelle Paige Lawshe, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
We affirm Daniel James Sorenson’s judgment and sentence. However, we remand for the trial court to strike the $36 cost assessed pursuant to section 318.18(11)(b), Florida Statutes (2018), as Sorenson was not charged with a traffic infraction. See Ayos v. State, 275 So. 3d 178, 182 (Fla. 4th DCA 2019); Trusty v. State, 210 So. 3d 758, 760 (Fla. 1st DCA 2017).
2
AFFIRMED; REMANDED WITH INSTRUCTIONS.
EVANDER, C.J., ORFINGER and GROSSHANS, JJ., concur.