DOUGLAS DRUMM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Upon review of the record, we find no reversible error and affirm appellant’s conviction. See State v. Cruz, 426 So. 2d 1308 (Fla. 2d DCA 1983); contra, State v. Casper, 417 So. 2d 263 (Fla. 1st DCA 1982). Appellant was assessed $300 in attorney’s fees and costs for his representation by the public defender. Costs can properly be recovered from an insolvent defendant. Anderson v. State, 415 So. 2d 49 (Fla. 2d DCA 1982). The record, however, reflects that the court entered its order without the notice and hearing required by section 27.56(7), Florida Statutes (1981). Gaylord v. State, 413 So. 2d 72 (Fla. 2d DCA 1982). We therefore vacate the final judgment assessing attorney’s fees and costs and remand for a hearing consistent with these matters. Otherwise, the judgment and sentence are affirmed.
OTT, C.J., and CAMPBELL, J., concur. SCHOONOVER, J., concurs in result only.
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Wilton v. State, 455 So. 2d 1142 (Fla. 2d DCA 1984)…duce death or great bodily harm.” Therefore, the court properly denied appellant’s motion to dismiss. Appellant is correct, however, that the court erred in assessing attorney’s fees and costs against him without notice and hearing. Drumm v. State, 432 So. 2d 765 (Fla. 2d DCA 1983). We affirm the conviction but strike the assessment of attorney’s fees and costs without prejudice to the state in seeking a new award pursuant to section 27.56(7), Florida Statutes (1983). OTT and LEHAN, JJ., concur.…
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Porter Hankerson v. State, 464 So. 2d 700 (Fla. 2d DCA 1985)…000 payment and remand for a determination of actual costs after considering those costs allowed by law and upon due notice and hearing. Jenkins v. State, 444 So. 2d 947 (Fla.1984); Scott v. State, 459 So. 2d 1176 (Fla. 2d DCA 1984); Drumm v. State, 432 So. 2d 765 (Fla. 2d DCA 1983). We also find that in each judgment appellant was ordered to pay $15 pursuant to section 960.20 (Crimes Compensation Trust Fund) and $2 pursuant to section 943.25(4) (Law Enforcement Training and Correctional Officer Training Tru…
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Smith v. State, 441 So. 2d 1162 (Fla. 2d DCA 1983)…with the notice and hearing required by section 27.56(7), Florida Statutes (1981). Accordingly, the order assessing attorney’s fees and costs is hereby VACATED and the case is REMANDED for a hearing consistent with these matters. See Drumm v. State, 432 So. 2d 765 (Fla. 2d DCA 1983); Benton v. State, 440 So. 2d 493 (Fla. 2d DCA 1983). We find no error in imposition of the remaining conditions of probation. AFFIRMED as modified. SCHEB and DANAHY, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Casper, 417 So. 2d 263 (Fla. 1st DCA 1982)
- State v. Cruz, 426 So. 2d 1308 (Fla. 2d DCA 1983)
- Gaylord v. State, 413 So. 2d 72 (Fla. 2d DCA 1982)
- Zdenka Slomovic v. McLOON, 415 So. 2d 49 (Fla. 4th DCA 1982)
- Anderson v. State, 415 So. 2d 49 (Fla. 2d DCA 1982)