Copeland v. State, 497 So. 2d 292 (Fla. 3d DCA 1986). · Go Syfert
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Copeland v. State, 497 So. 2d 292 (Fla. 3d DCA 1986). Cases Citing This Book View Copy Cite
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Leonard COPELAND
v.
The STATE of Florida
No. 84-2401.
District Court of Appeal of Florida, Third District.
Oct 28, 1986.
497 So. 2d 292
Bennett H. Brummer, Public Defender, and G. Bart Billbrough, Sp. Asst. Public Defender, for appellant., Jim Smith, Atty. Gen., and Nancy C. Wear, Asst. Atty. Gen., for appellee.
Jorgenson, Nesbitt, Pearson.
Published
PER CURIAM.

,We reject the defendant’s claims that the evidence was insufficient to sustain his conviction, see Sorey v. State, 419 So.2d 810 (Fla.3d DCA 1982), rev. denied, 476 So.2d 675 (Fla.1985), and that the trial court’s reasons for upwardly departing from the presumptive guideline sentence were not clear and convincing, see Hankey v. State, 485 So.2d 827 (Fla.1986); Moore v. State, 468 So.2d 1081 (Fla.3d DCA 1985). We do, however, accept the State’s appropriate concession that the assessment of $15.00 in costs against the defendant without notice and hearing cannot stand, and that part of the judgment is, accordingly, ordered stricken. See Jenkins v. State, 444 So.2d 947 (Fla.1984); Johnson v. State, 486 So.2d 657 (Fla. 4th DCA 1986).

Affirmed as modified.