Chez Lamar Everette v. State of Florida

District Court of Appeal of Florida · May 26, 2015

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

CHEZ LAMAR EVERETTE, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED

v. CASE NO. 1D14-389

STATE OF FLORIDA,

Appellee. _____________________________/ Opinion filed May 27, 2015.

An appeal from the Circuit Court for Escambia County. Linda L. Nobles, Judge.

Nancy A. Daniels, Public Defender, and Zachary F. Lawton, Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, and Jessica DaSilva, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Appellant, Chez Lamar Everette, raises two issues challenging his judgment and sentence for trafficking in heroin. We affirm his conviction without further *2 comment, but reverse and remand for correction of a sentencing error. The state properly concedes that the trial court erred by imposing a discretionary assessment without citing statutory authority in the written order. See Fisher v. State, 697 So. 2d 1291, 1292 (Fla. 1st DCA 1997). On remand, the trial court may reimpose the assessment if it identifies its statutory basis.

AFFIRMED in part, REVERSED in part, and REMANDED for entry of a corrected sentence. WOLF, ROWE, and SWANSON, JJ., CONCUR.