DONALD EUGENE ADAIR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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BARFIELD, Judge.
Donald Eugene Adair untimely appeals the imposition of a statutory attorney’s fee and court costs. We grant the belated appeal, reverse the imposition of the fee and costs and remand with directions that the trial court afford Adair proper notice and opportunity to object to the imposition of the fees and costs. Jenkins v. State, 444 So. 2d 947 (Fla.1984). Because we find the Florida Supreme Court’s analysis and holding in Jenkins and subsequent decisions unequivocal, we deny the State’s request to certify this issue to the Florida Supreme Court notwithstanding recent federal decisions. See e.g., United States v. Pagan, 785 F. 2d 378 (2d Cir.), cert. denied, 479 U.S. 1017, 107 S.Ct. 667, 93 L.Ed.2d 719 (1986).
REVERSE and REMAND.
SHIVERS, C.J., and WIGGINTON, J„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Messina v. State, 563 So. 2d 194 (Fla. 1st DCA 1990)…trial court reversibly erred by imposing court costs on an indigent defendant without giving him notice and an opportunity to be heard, Jenkins v. State, 444 So. 2d 947 (Fla.1984); Clark v. State, 560 So. 2d 244 (Fla. 5th DCA 1990); Adair v. State, 558 So. 2d 203 (Fla. 1st DCA 1990). The sentence is AFFIRMED, but the imposition of costs is REVERSED and the case is REMANDED to the trial court for further proceedings. BOOTH and JOANOS, JJ., concur. BARFIELD, J., concurs with written opinion. . See e.g., Un…
Authorities Cited
- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)
- Gill v. United States, 479 U.S. 1017 (U.S. 1986)
- Smith v. United States, 479 U.S. 1017 (U.S. 1986)
- United States v. Pagan, 785 F.2d 378 (2d Cir. 1986)