Bell v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2009 CHRISTOPHER BELL, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D08-1599 [October 14, 2009] PER CURIAM. Christopher Bell was convicted of aggravated assault with a firearm and resisting arrest without violence. We affirm his convictions but remand for correction of a sentencing error. In addition to his three-year prison sentence, the trial court, pursuant to sections 938.21 and 938.23, Florida Statutes (2007), imposed a $50 assessment to fund the county alcohol and other drug abuse trust. These statutes authorize the imposition of this assessment only in the event a defendant is convicted under certain statutes. Bell was not convicted under any of the listed statutes. The state concedes this assessment was error. We, therefore, affirm Bell s convictions but remand for the correction of the $50 assessment. Affirmed. TAYLOR, HAZOURI, JJ., and BEACH, MARCIA, Associate Judge, concur. * * * Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Richard I. Wennet, Judge; L.T. Case No. 2007CF011991AMB. Carey Haughwout, Public Defender, and Tatjana Ostapoff, Assistant Public Defender, West Palm Beach, for appellant. Bill McCollum, Attorney General, Tallahassee, a n d Melanie Dale Surber, Assistant Attorney General, West Palm Beach, for appellee. Not final until disposition of timely filed motion for rehearing. -2-

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