Martin v. State

Full title: BILLY MARTIN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Mar 11, 1994

632 So. 2d 1143 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-608.

March 11, 1994.

Appeal from the Circuit Court for Volusia County; John W. Watson, III, Judge.

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Billy Dwain Martin, Sr., pro se.

No appearance for appellee.

DAUKSCH, Judge.

This is an appeal from convictions for sexual battery and false imprisonment. The only error was the assessment of the state attorney's fee. That portion of the judgment is stricken. Turkaly v. State, 615 So.2d 222 (Fla. 5th DCA 1993); Smith v. State, 606 So.2d 501 (Fla. 5th DCA 1992); Smith v. State, 606 So.2d 427 (Fla. 1st DCA 1992).

AFFIRMED AS MODIFIED.

COBB and THOMPSON, JJ., concur.