Sorenson v. State

Full title: DANIEL JAMES SORENSON, Appellant, v. STATE OF FLORIDA, Appellee.

Court: DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Feb 21, 2020

Case No. 5D19-2276 (Fla. Dist. Ct. App. Feb. 21, 2020)

Opinion

Case No. 5D19-2276

02-21-2020

DANIEL JAMES SORENSON, Appellant, v. STATE OF FLORIDA, Appellee.

James S. Purdy, Public Defender, and Darnelle Paige Lawshe, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appeal from the Circuit Court for Brevard County, Charles G. Crawford, Judge. James S. Purdy, Public Defender, and Darnelle Paige Lawshe, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM.

We affirm Daniel James Sorenson's judgment and sentence. However, we remand for the trial court to strike the $36 cost assessed pursuant to section 318.18(11)(b), Florida Statutes (2018), as Sorenson was not charged with a traffic infraction. See Ayos v. State, 275 So. 3d 178, 182 (Fla. 4th DCA 2019); Trusty v. State, 210 So. 3d 758, 760 (Fla. 1st DCA 2017).

AFFIRMED; REMANDED WITH INSTRUCTIONS. EVANDER, C.J., ORFINGER and GROSSHANS, JJ., concur.