JOHNNIE BERNARD HILL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOHNNIE BERNARD HILL, APPELLANT,
STATE OF FLORIDA, APPELLEE
618 So. 2d 796
Florida District Court of Appeal, Second District (1993)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
We affirm the judgments and sentences herein except for several cost items imposed by the trial judge. The judge awarded $245 in court costs but because appellant was convicted of misdemeanors, the costs provided by statute are $50 per misdemeanor. The trial judge also imposed costs of prosecution, including an award of $1,450 for attorney’s fees. Such attorney’s fees are not part of the costs of prosecution which may be awarded pursuant to section 939.01, Florida Statutes. Smith v. State, 606 So. 2d 427 (Fla. 1st DCA 1992), rev. denied, 618 So. 2d 211 (Fla.1993). The above cost items are hereby set aside. Otherwise, affirmed.
SCHOONOVER, A.C.J., and PARKER and ALTENBERND, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Bell v. State, 652 So. 2d 1192 (Fla. 4th DCA 1995)…o. 2d 114 (Fla. 4th DCA 1992); Pellot v. State, 582 So. 2d 124 (Fla. 4th DCA), rev. denied, 591 So. 2d 183 (Fla.1991). The costs of prosecution assessed against Appellant should not have included $528.00 attorney’s fees to the state. Hill v. State, 618 So. 2d 796 (Fla. 2d DCA 1993); Smith v. State, 606 So. 2d 427 (Fla. 1st DCA 1992), rev. denied, 618 So. 2d 211 (Fla.1993). The special condition of probation (that Appellant receive a substance abuse evaluation and treatment and bear the cost of same) is inva…
Authorities Cited
- Smith v. State, 606 So. 2d 427 (Fla. 1st DCA 1992)