SCHWANGER v. STATE (2020)

District Court of Appeal of Florida, Second District.

Justin Wayne SCHWANGER, Appellant, v. STATE of Florida, Appellee.

Case No. 2D18-4892

Decided: April 03, 2020

Howard L. Dimmig, II, Public Defender, and Daniel Muller, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.

Justin Wayne Schwanger challenges his convictions and sentences for traveling to meet a minor after using a computer for the purpose of soliciting the minor to engage in unlawful sexual conduct pursuant to section 847.0135(4)(a), Florida Statutes (2017), and attempted lewd or lascivious battery against a child pursuant to sections 800.04(4)(a)(1) and 777.04, Florida Statutes (2017). We find one issue of merit in Mr. Schwanger's appeal: that the order imposing costs rendered at the time of his sentencing did not specify the ordinance pursuant to which he was assessed a fee. See Summers v. State, 276 So. 3d 1012, 1013 (Fla. 2d DCA 2019); Ayoub v. State, 901 So. 2d 311, 315 (Fla. 2d DCA 2005). We affirm Mr. Schwanger's convictions and sentences in their entirety but remand to the lower court for the limited purpose of amending the order imposing costs and fees to specify the applicable ordinance.

Affirmed and remanded with instructions.

SMITH, Judge.

KELLY and SALARIO, JJ., Concur.

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