Wallace v. State, 93-1986
| Decision Date | 10 June 1994 |
| Docket Number | No. 93-1986,93-1986 |
| Citation | 637 So.2d 385 |
| Parties | 19 Fla. L. Weekly D1275 Anselm Lamonte WALLACE, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appeal from the Circuit Court for Volusia County; Gayle Graziano, Judge.
James B. Gibson, Public Defender, and Susan A. Fagan, Asst. Public Defender, Daytona Beach, for appellant.
Anselm L. Wallace, pro se.
No appearance for appellee.
We affirm the judgment and sentence imposed in this three count information. However, we strike court costs in excess of $250 assessed pursuant to sections 27.3455(1) and 960.20, Florida Statutes (1991). These costs were imposed per count instead of per case. See Hollingsworth v. State, 632 So.2d 176, 177 (Fla. 5th DCA 1994). Costs assessed per count pursuant to section 943.25, Florida Statutes (1991) are valid and imposed appropriately. Id.
AFFIRMED.
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McNeil v. State
...costs to be assessed “in the case,” mandated that costs were imposed per case and not per count. Id. at 177. In Wallace v. State, 637 So.2d 385, 385 (Fla. 5th DCA 1994), relying on Hollingsworth, we held that court costs were to be assessed per case under section 27.3455(1), Florida Statute......
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Hunter v. State, 93-3480
...which hold that costs levied under sections 960.20, 943.25 and 27.3455 must be imposed on a per-case basis. See also Wallace v. State, 637 So.2d 385 (Fla. 5th DCA 1994); Spruill v. State, 643 So.2d 1191 (Fla. 5th DCA 1994). The state replies that this court should not follow Hollingsworth b......