Kelly v. State, 95-158

• Decision Date: 25 March 1996
• Docket Number: No. 95-158,95-158
• Citation: 670 So.2d 169
• Court: Florida District Court of Appeals
• Parties: 21 Fla. L. Weekly D759 Bobby James KELLY, Appellant, v. STATE of Florida, Appellee.

Page 169

670 So.2d 169

21 Fla. L. Weekly D759

Bobby James KELLY, Appellant, v. STATE of Florida, Appellee.

No. 95-158.

District Court of Appeal of Florida, First District.

March 25, 1996.

An appeal from Circuit Court for Clay County; Peter Dearing, Judge.

Nancy A. Daniels, Public Defender, and Christine M. Ryall, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, and James W. Rogers, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

The assessment of "other court costs" in the amount of $27.50, without reference to any statutory authority, is stricken. See Bradshaw v. State, 638 So.2d 1024 (Fla. 1st DCA 1994). On remand, the trial court may reimpose such discretionary costs as are authorized by statute, either with reference to proper statutory authority or with a specific explanation as to what the cost assessment represents. In all other respects, the judgment and sentence are affirmed.

ALLEN, WEBSTER and LAWRENCE, JJ., concur.