Justin Wayne Schwanger v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledApril 3, 2020
Docket2D18-4892
StatusPublished
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Full Opinion
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
JUSTIN WAYNE SCHWANGER, )
)
Appellant, )
)
v. ) Case No. 2D18-4892
)
STATE OF FLORIDA, )
)
Appellee. )
________________________________ )
Opinion filed April 3, 2020.
Appeal from the Circuit Court for
Sarasota County; Charles E. Roberts,
Judge.
Howard L. Dimmig, II, Public Defender,
and Daniel Muller, Assistant Public
Defender, Bartow, for Appellant.
Ashley Moody, Attorney General,
Tallahassee, for Appellee.
SMITH, Judge.
Justin Wayne Schwanger challenges his convictions and sentences for
traveling to meet a minor after using a computer for the purpose of soliciting the minor
to engage in unlawful sexual conduct pursuant to section 847.0135(4)(a), Florida
Statutes (2017), and attempted lewd or lascivious battery against a child pursuant to
sections 800.04(4)(a)(1) and 777.04, Florida Statutes (2017). We find one issue of
merit in Mr. Schwanger's appeal: that the order imposing costs rendered at the time of
his sentencing did not specify the ordinance pursuant to which he was assessed a fee.
See Summers v. State, 276 So. 3d 1012, 1013 (Fla. 2d DCA 2019); Ayoub v. State, 901
So. 2d 311, 315 (Fla. 2d DCA 2005). We affirm Mr. Schwanger's convictions and
sentences in their entirety but remand to the lower court for the limited purpose of
amending the order imposing costs and fees to specify the applicable ordinance.
Affirmed and remanded with instructions.
KELLY and SALARIO, JJ., Concur.
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