PERRY v. STATE (2021)

District Court of Appeal of Florida, Fifth District.

Stephanie PERRY, Appellant, v. STATE of Florida, Appellee.

Case No. 5D20-2651

Decided: June 18, 2021

Matthew J. Metz, Public Defender, and George D.E. Burden, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Nora Hutchinson Hall, Assistant Attorney General, Daytona Beach, for Appellee.

We affirm Appellant's judgment and sentence for aggravated assault without further comment. However, we remand for the trial court to strike the $3 traffic cost assessed pursuant to section 318.18, Florida Statutes (2020), because that cost is only applicable to “a noncriminal disposition pursuant to s. 318.14 or a criminal offense listed in s. 318.17” and aggravated assault is not an enumerated offense pursuant to section 318.17, Florida Statutes. Therefore, this cost must be stricken. See Sorenson v. State, 291 So. 3d 630 (Fla. 5th DCA 2020).

AFFIRMED; REMANDED with Instructions.

PER CURIAM.

WALLIS, EISNAUGLE and WOZNIAK, JJ., concur.

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