IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
HERMAN GREEN, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Appellant, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D14-2082
STATE OF FLORIDA,
Appellee.
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Opinion filed October 13, 2014.
An appeal from the Circuit Court for Escambia County.
Gary L. Bergosh, Judge.
Herman Green, pro se, Appellant.
Pamela Jo Bondi, Attorney General, and Trisha Meggs Pate, Assistant Attorney
General, Tallahassee, for Appellee.
PER CURIAM.
We affirm, without further discussion, the denial of grounds one through four of
the appellant’s motion to correct illegal sentence filed pursuant to Florida Rule of
Criminal Procedure 3.800(a). However, we reverse and remand the denial of
ground five for the trial court to strike the $699.05 fine imposed pursuant to section
775.083, Florida Statutes, and the related surcharge of $34.95. See Willits v. State,
884 So. 2d 73, 74 (Fla. 2d DCA 2004). The appellant need not be present when
the fine is stricken. Id.
Affirmed in part, reversed and remanded in part, with directions.
PADOVANO, WETHERELL, and SWANSON, JJ., CONCUR.
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