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CREWS v. STATE

No. 2D06-5230.

11 So.3d 401 (2009)

Thomas J. CREWS, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 1, 2009.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Douglas S. Connor, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Tonja Rene Vickers, Assistant Attorney General, Tampa, for Appellee.

DAVIS, Judge.

Thomas J. Crews, Jr., challenges his conviction and sentence for second-degree murder. We affirm Crews' conviction without comment but remand for the trial court to strike the cost imposed pursuant to section 775.083, Florida Statutes (2001).

The version of the statute in effect at the time Crews committed his offense required the trial court to make a finding of Crews' ability to pay prior to imposing the fine. Id. "Because the trial...

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