McCann v. State, 249 So. 3d 792 (2018)

July 27, 2018 · District Court of Appeal of Florida, Second District · Case No. 2D16-812
249 So. 3d 792
Mallory MCCANN, Appellant, v. STATE of Florida, Appellee.

Mallory MCCANN, Appellant,
v.
STATE of Florida, Appellee.

Case No. 2D16-812

District Court of Appeal of Florida, Second District.

Opinion filed July 27, 2018

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.

*793Mallory 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 Statutes (2015), because the order assessing costs and fees fails to indicate the applicable county ordinance.1 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.

Affirmed; remanded with directions.

ATKINSON, J., and CASE, JAMES R., ASSOCIATE SENIOR JUDGE, Concur.