ORONA v. STATE

No. 2D05-5866.

968 So.2d 1060 (2007)

Joseph George ORONA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 5, 2007.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Maureen E. Surber, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Richard E. MacDonald, Assistant Attorney General, Tampa, for Appellee.


LaROSE, Judge.

Joseph George Orona was adjudicated guilty and sentenced to a ten-year prison term as a habitual offender for battery on a law enforcement officer and resisting an officer with violence. He appeals the imposition of a $1050 fine and five percent surcharge. Neither section 775.084, Florida Statutes (2004), nor any companion statute authorizes the fine and surcharge. Therefore, we reverse.

The final judgment and sentence imposes the fine and surcharge...

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