McCann
v.
State

DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICTJul 27, 2018
Case No. 2D16-812 (Fla. Dist. Ct. App. Jul. 27, 2018)

Case No. 2D16-812

07-27-2018

MALLORY McCANN, Appellant, v. STATE OF FLORIDA, Appellee.

Michael Ufferman of Michael Ufferman Law Firm, P.A., Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Jeffrey H. Siegal, Assistant Attorney General, Tampa, for Appellee.


NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED Appeal from the Circuit Court for Collier County; Lauren L. Brodie, Judge. Michael Ufferman of Michael Ufferman Law Firm, P.A., Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Jeffrey H. Siegal, Assistant Attorney General, Tampa, for Appellee. BLACK, Judge.

Mallory McCann challenges her fifteen-year sentence for armed robbery. We affirm the sentence without comment. However, we agree with McCann's contention that the trial court erred in imposing a $65 assessment pursuant to section 939.185(1)(a), Florida Statues (2015), because the order assessing costs and fees fails to indicate the applicable county ordinance. See Swift v. State, 53 So. 3d 394, 395 (Fla. 2d DCA 2011) (citing Ayoub v. State, 901 So. 2d 311, 315 (Fla. 2d DCA 2005)); Carter v. State, 173 So. 3d 1048, 1051 (Fla. 1st DCA 2015). We affirm the assessment but remand for the trial court to enter an amended order assessing costs and fees reflecting the applicable county ordinance. See Swift, 53 So. 3d at 395.

McCann preserved this issue by raising it in a motion to correct sentence pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). --------

Affirmed; remanded with directions. ATKINSON, J., and CASE, JAMES R., ASSOCIATE SENIOR JUDGE, Concur.