GEORGE SUMMERS, JR.
v.
STATE OF FLORIDA

Fla. 2d DCA | 2019-08-09
No. 17-3134
Wise, J.
Florida District Court of Appeal, Second District (2019)

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Holding

The trial court's conviction and sentence were affirmed, but the $65 assessment under section 939.185 was remanded for correction of the order to specify the applicable county ordinance.


Headnotes

[1] An assessment of costs and fees pursuant to section 939.185, Florida Statutes, is procedurally defective if the order fails to identify the applicable county ordinance up…

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Facts & Procedural History

George Summers, Jr., was convicted by jury of lewd or lascivious molestation of a disabled person under section 825.1025(3)(a), Florida Statutes. The …

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Opinion of the Court

SMITH, Judge.

George Summers, Jr., challenges the judgment and sentence imposed after his conviction by a jury of lewd or lascivious molestation of a disabled person under section 825.1025(3)(a), Florida Statutes (2017). We affirm the judgment and sentence without comment. However, Summers argues, and the State concedes, the trial court erred in imposing a $65 assessment pursuant to section 939.185, Florida Statutes (2017), because the order assessing costs and fees fails to indicate the applicable county ordinance. See Ayoub v. State, 901 So. 2d 311, 315 (Fla. 2d DCA 2005). We affirm the assessment but remand to the trial court for the limited purpose of correcting the order assessing fines and costs to reflect the applicable county ordinance.

Affirmed and remanded with instructions.

KHOUZAM, C.J., and LaROSE, J., Concur.


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