MERRETT v. STATE

No. 95-1717.

670 So.2d 1055 (1996)

Brenda MERRETT, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 17, 1996.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Suzanne M. Froix, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Mark Rosenblatt, Assistant Attorney General, for appellee.

Before BARKDULL, JORGENSON and GREEN, JJ.


PER CURIAM.

The defendant contends that the trial court erred (1) in sentencing her to one year of probation by enhancing her penalty from a second degree misdemeanor to a first degree misdemeanor, (2) in imposing investigative costs where the court failed to determine her ability to pay, and (3) in assessing court costs of $116.00, which exceeds the statutory maximum of $50.00. As the state concedes error on all points, the sentence is reversed and remanded.

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