668 So. 2d 1058

Michael Thomas GAMMAGE, Appellant, v. STATE of Florida, Appellee.

No. 94-03723.

District Court of Appeal of Florida, Second District.

Feb. 23, 1996.

James Marion Moorman, Public Defender, and James P. Harris, Jr., Assistant Public Defender, Bartow, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Robert J. Krauss, Senior Assistant Attorney General, Tampa, for ap-pellee.

PER CURIAM.

Michael Gammage challenges his judgment and sentence for resisting an officer with violence, battery on a law enforcement officer, and driving with a suspended license. Defense counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We agree with defense counsel that there are no meritorious grounds for appeal, except with respect to imposition of costs. Therefore, we affirm Gammage’s conviction and sentence and strike the $269.75 in costs imposed without statutory authority and the $2 discretionary cost imposed pursuant to section 943.21(13), Florida Statutes (1993), because it was not announced at sentencing. See Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995) (en banc). We affirm, however, the imposition of $150 for attorney’s fees because, when questioned at sentencing, Gammage agreed that the fee was reasonable.

Affirmed in part, reversed in part.

PATTERSON, Acting C.J., and ALTENBERND and WHATLEY, JJ., concur.

Gammage v. State
668 So. 2d 1058

Case Details

Name
Gammage v. State
Decision Date
Feb 23, 1996
Citations

668 So. 2d 1058

Jurisdiction
Florida

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