Sanchez v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT RAYMOND SANCHEZ, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D02-5808 Opinion filed December 1, 2004. Appeal from the Circuit Court for Highlands County; J. David Langford, Judge. James Marion Moorman, Public Defender, and Celene Humphries, Special Assistant Public Defender, Bartow, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Deborah Fraim Hogge, Assistant Attorney General, Tampa, for Appellee. SILBERMAN, Judge. Raymond Sanchez appeals from his convictions and sentences for second-degree murder with a firearm and kidnaping. We affirm his convictions without comment. However, Sanchez correctly notes that in certain of the sentencing documents the trial court cited the wrong statute as the basis for imposing $2.50 in costs. The State acknowledges that remand is appropriate for correction of the sentencing documents for counts I and II to reflect that the costs were imposed pursuant to section 938.04 Florida Statutes (1999), instead of section 960.25. Accordingly, we remand for correction of the sentencing documents to reflect the proper statutory authority. Affirmed and remanded with directions. WHATLEY and SALCINES, JJ., Concur. -2-

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