ALBERT ROBERT GIBSON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Turkaly v. State, 615 So. 2d 222 (Fla. 5th DCA 1993)
  …investigative costs incurred by law enforcement agencies” which is authorized by section 939.01(1), Florida Statutes, as a cost of prosecution, but is an award of attorney’s fees for which there is no statutory or rule authorization. Smith v. State, 606 So. 2d 501 (Fla. 5th DCA1992); Smith v. State, 606 So. 2d 427 (Fla. 1st DCA1992); see also Smith v. State, 614 So. 2d 525, n. 3 (Fla. 5th DCA 1993). AFFIRMED AS MODIFIED. W. SHARP and GRIFFIN, JJ. and COWART, Judge, Retired, concur.…
• DeWayne Hollingsworth v. State, 622 So. 2d 129 (Fla. 5th DCA 1993)
  …delivery of cocaine. He appeals, contending that the court erred in accepting his plea and sentencing him. We affirm his conviction and sentence except that we agree that the assessment of a $250 State Attorney’s fee is unauthorized, Smith v. State, 606 So. 2d 501 (Fla. 5th DCA 1992); Smith v. State, 606 So. 2d 427 (Fla. 1st DCA 1992), rev. denied, 618 So. 2d 211 (Fla. Mar. 3, 1993) (Table No. 80,920). The State contends on rehearing that according to the transcript, it is apparent that the court was assess…
• Poole v. State, 639 So. 2d 96 (Fla. 5th DCA 1994)
  …posed by the trial court, we vacate the assessment of the $250 state attorney’s fee because this fee is not authorized. Hollingsworth v. State, 622 So. 2d 129 (Fla. 5th DCA 1993); Turkaly v. State, 615 So. 2d 222 (Fla. 5th DCA 1993); Smith v. State, 606 So. 2d 501 (Fla. 5th DCA 1992). The state contends that, according to the transcript, it is apparent that the trial court was assessing a “cost of prosecution” under section 939.01, Florida [*99] Statutes (1991). Because there appears to be a factual dispute a…

Authorities Cited

• Caracciolo v. State, 557 So. 2d 899 (Fla. 4th DCA 1990)
• Toliver v. State, 605 So. 2d 477 (Fla. 5th DCA 1992)