Buchy v. State

Full title: JOSEPH BUCHY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Nov 29, 1995

664 So. 2d 1064 (Fla. Dist. Ct. App. 1995)

Opinion

Nos. 94-04011, 94-04012.

November 29, 1995.

Appeal from the Circuit Court for Sarasota County; Robert B. Bennett, Judge.

James Marion Moorman, Public Defender, Bartow, and Jeffrey M. Pearlman, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Kimberly D. Nolen, Assistant Attorney General, Tampa, for Appellee.

THREADGILL, Chief Judge.

The appellant challenges a judgment and sentence for escape and an order revoking probation on a prior offense. We affirm the escape conviction, the revocation of probation, and the sentences. We strike, however, a $2.00 cost assessed pursuant to section 943.25(13), Florida Statutes (1993), because it was not orally pronounced at sentencing. This cost is a discretionary cost which must be individually announced at sentencing to give the defendant an opportunity to object. Reyes v. State, 655 So.2d 111, 117 (Fla. 2d DCA 1995).

Affirmed; cost stricken.

SCHOONOVER and PATTERSON, JJ., concur.