Copeland v. State, 84-2401

• Decision Date: 28 October 1986
• Docket Number: No. 84-2401,84-2401
• Citation: 11 Fla. L. Weekly 2271,497 So.2d 292
• Parties: 11 Fla. L. Weekly 2271 Leonard COPELAND, Appellant, v. The STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 292

497 So.2d 292

11 Fla. L. Weekly 2271

Leonard COPELAND, Appellant, v. The STATE of Florida, Appellee.

No. 84-2401.

District Court of Appeal of Florida, Third District.

Oct. 28, 1986.

Rehearing Denied Nov. 26, 1986.

An Appeal from the Circuit Court for Dade County; Ellen J. morphonios, judge.

Bennett H. Brummer, Public Defender, and G. Bart Billbrough, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Nancy C. Wear, Asst. Atty. Gen., for appellee.

Before NESBITT and DANIEL S. PEARSON and JORGENSON, JJ.

PER CURIAM.

We reject the defendant's claims that the evidence was insufficient to sustain his conviction, see Sorey v. State, 419 So.2d 810 (Fla.3d DCA 1982), rev. denied, 476 So.2d 675 (Fla.1985), and that the trial court's reasons for upwardly departing from the presumptive guideline sentence were not clear and convincing, see Hankey v. State, 485 So.2d 827 (Fla.1986); Moore v. State, 468 So.2d 1081 (Fla.3d DCA 1985). We do, however, accept the State's appropriate concession that the assessment of $15.00 in costs against the defendant without notice and hearing cannot stand, and that part of the judgment is, accordingly, ordered stricken. See Jenkins v. State, 444 So.2d 947 (Fla.1984); Johnson v. State, 486 So.2d 657 (Fla. 4th DCA 1986).

Affirmed as modified.