MARTINEZ v. STATE

No. 5D11-2029.

91 So.3d 878 (2012)

Elliot MARTINEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 15, 2012.


Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and Edward J. Weiss , Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Kristen L. Davenport , Assistant Attorney General, Daytona Beach, for Appellee.


PALMER, J.

Elliot Martinez (defendant) appeals the trial court's order granting the State's motion to tax additional costs of prosecution, entered after the defendant had begun serving his sentence. We reverse.

The defendant was convicted of battery. In connection with his sentencing, the trial court assessed $100 in costs of prosecution without expressing an intent to assess further costs at a later time. The defendant's convictions and sentences were affirmed...

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