Mallory v. State, 70 So. 3d 738 (Fla. 1st DCA 2011). · Go Syfert
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Mallory v. State, 70 So. 3d 738 (Fla. 1st DCA 2011). Cases Citing This Book View Copy Cite
7 citation events (7 in the last 25 years) across 1 distinct court.
Strongest positive: Sims v. State (fladistctapp, 2013-04-08)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) Sims v. State
Fla. Dist. Ct. App. · 2013 · confidence medium
See Harris v. State, 100 So.3d 245, 246 (Fla. 1st DCA 2012); Chamblee v. State, 93 So.3d 1184, 1186 (Fla. 1st DCA 2012); Clavelle v. State, 80 So.3d 456, 457 (Fla. 1st DCA 2012); Mallory v. State, 70 So.3d 738, 738 (Fla. 1st DCA 2011); Pullam v. State, 55 So.3d 674, 675 (Fla. 1st DCA 2011); Lang v. State, 856 So.2d 1105, 1106 (Fla. 1st DCA 2003); see also Spear v. State, 109 So.3d 232 (Fla. 1st DCA 2013) (holding that the $20 cost imposed pursuant to section 938.06(1) is mandatory whether or not a fine is imposed for offenses committed after the July 1, 2010, effective date of the amendment to…
discussed Cited as authority (rule) Spear v. State
Fla. Dist. Ct. App. · 2013 · confidence medium
See, e.g., Harris v. State, 100 So.3d 245, 246 (Fla. 1st DCA 2012); Chamblee v. State, 93 So.3d 1184, 1186 (Fla. 1st DCA 2012); Clavelle v. State, 80 So.3d 456, 457 (Fla. 1st DCA 2012); Mallory v. State, 70 So.3d 738, 738 (Fla. 1st DCA 2011); Pullam v. State, 55 So.3d 674, 675 (Fla. 1st DCA 2011); Lang v. State, 856 So.2d 1105, 1106 (Fla. 1st DCA 2003).
cited Cited "see" Harris v. State
Fla. Dist. Ct. App. · 2012 · signal: see · confidence high
See Mallory v. State, 70 So.3d 738 (Fla. 1st DCA 2011).
cited Cited "see" Clavelle v. State
Fla. Dist. Ct. App. · 2012 · signal: see · confidence high
See Mallory v. State, 70 So.3d 738 (Fla. 1st DCA 2011); Pullam v. State, 55 So.3d 674 (Fla. 1st DCA 2011).
Retrieving the full opinion text from the archive…
Sterling S. MALLORY, Appellant,
v.
STATE of Florida, Appellee
1D10-3612.
District Court of Appeal of Florida, First District.
Sep 22, 2011.
70 So. 3d 738
Sheila Callahan, Assistant Conflict Counsel, Office of Criminal and Civil Regional Counsel, Region One, Tallahassee, for Appellant., Sterling S. Mallory, pro se, Appellant., Pamela Jo Bondi, Attorney General, for Appellee.
Wolf, Clark, Ray.
Cited by 7 opinions  |  Published
WOLF, J.

Appellant appeals his judgment and sentence for attempted second-degree murder with a firearm, inflicting death or great bodily harm. Appellant’s counsel filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and In re Anders Briefs, 581 So.2d 149 (Fla.1991).

We find no error in appellant’s judgment and sentence. However, we find the trial court erred in imposing, in the written judgment and sentence; a $2,100 fine pursuant to section 775.083, Florida Statutes (2009); a 5% surcharge in the amount of $105 pursuant to section 938.04, Florida Statutes (2009); and a $20 court cost pursuant to section 938.06, Florida Statutes (2009). As the State properly concedes, the trial court failed orally to pronounce the fine; therefore, the imposition of the fine, surcharge, and cost was error. See Pullam v. State, 55 So.3d 674, 675 (Fla. 1st DCA 2011).

Accordingly, we affirm the judgment and sentence but remand for entry of a corrected judgment striking the $2,100 fine, the $105 surcharge, and the $20 court cost.

CLARK and RAY, JJ., concur.