SPRUILL v. STATE

No. 2D02-5800.

888 So.2d 93 (2004)

James SPRUILL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 24, 2004.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Anthony C. Musto and Steven L. Bolotin, Assistant Public Defenders, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Donna S. Koch, Assistant Attorney General, Tampa, for Appellee.


DAVIS, Judge.

James Spruill challenges his convictions and sentences for sexual battery and incest. We affirm the convictions without discussion; however, we reverse the imposition of certain discretionary costs.

Spruill's written judgment and sentence required him to pay $66.50 in discretionary costs. He filed a motion to correct sentencing error alleging that the trial court failed to orally impose those costs and failed to find that he had the ability to...

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