SUMMERS v. STATE (2019)

District Court of Appeal of Florida, Second District.

George SUMMERS, Jr., Appellant, v. STATE of Florida, Appellee.

Case No. 2D17-3134

Decided: August 09, 2019

Michael Ufferman, Tallahassee, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Laurie Benoit-Knox, Assistant Attorney General, Tampa, for Appellee.

Upon consideration of the motion for rehearing or certification filed by appellant on June 3, 2019,

IT IS ORDERED that the appellant's motion for rehearing is granted. The opinion dated May 17, 2019, is withdrawn and the attached opinion is issued in its place.

No further motions for rehearing will be entertained.

George Summers, Jr., challenges the judgment and sentence imposed after his conviction by a jury of lewd or lascivious molestation of a disabled person under section 825.1025(3)(a), Florida Statutes (2017). We affirm the judgment and sentence without comment. However, Summers argues, and the State concedes, the trial court erred in imposing a $65 assessment pursuant to section 939.185, Florida Statutes (2017), because the order assessing costs and fees fails to indicate the applicable county ordinance. See Ayoub v. State, 901 So. 2d 311, 315 (Fla. 2d DCA 2005). We affirm the assessment but remand to the trial court for the limited purpose of correcting the order assessing fines and costs to reflect the applicable county ordinance.

Affirmed and remanded with instructions.

BY ORDER OF THE COURT:

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network