JAMES ECKENRODE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1994-07-01
No. 94-109
GOSHORN, PETERSON and THOMPSON, JJ., concur.
638 So. 2d 214 Florida District Court of Appeal, Fifth District (1994) Positive Treatment
Cited by 10 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

James Eckenrode stipulated to the assessment of $2710 in aggregate costs and public defender fees when he entered his plea of nolo contendere. However, at a later sentencing hearing and in two orders for costs and fees, the trial court imposed $2910. No proof of the higher amount was offered. Additionally the trial court ordered Eckenrode to pay $180 to First Step of Volusia County. Because we find no statutory authority or agreement by Eckenrode for imposition of this cost, it is stricken. Gedeon v. State, 636 So. 2d 178 (Fla. 5th DCA 1994). We vacate the imposition of $2910 in costs and fees and remand with instructions to the trial court to correct the amount to $2710. The judgment and sentence is affirmed in all other respects.

AFFIRMED IN PART; SENTENCE VACATED IN PART; REMANDED.

GOSHORN, PETERSON and THOMPSON, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


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  • Johnson v. State, 648 So. 2d 263 (Fla. 5th DCA 1994)
    …ase for not permitting Johnson to withdraw his plea.2 However, we strike the $60.00 fee for First Step because there is no statutory authority for the imposition of this cost. Tibero v. State, 646 So. 2d 213 (Fla. 5th DCA 1994); Eckenrode v. State, 638 So. 2d 214 (Fla. 5th DCA 1994); Gedeon v. State, 636 So. 2d 178 (Fla. 5th DCA 1994); Botts v. State, 634 So. 2d 197 (Fla. 5th DCA 1994). In all other respects the judgment and sentence is AFFIRMED. COBB and DIAMANTIS, JJ., concur. . § 812.014, Fla.Stat. (19…
  • Kevel Watson v. State, 641 So. 2d 432 (Fla. 5th DCA 1994)
    …v. State, 411 So. 2d 1361 (Fla. 5th DCA 1982), cert. denied, 419 So. 2d 1195 (Fla.1982). We agree with the appellant in respect to the $1.00 assessment for First Step of Volu-sia County and strike that portion of the order. See Eckenrode v. State, 638 So. 2d 214 (Fla. 5th DCA 1994); Gedeon v. State, 636 So. 2d 178 (Fla. 5th DCA 1994); Botts v. State, 634 So. 2d 197 (Fla. 5th DCA 1994); Thomas v. State, 633 So. 2d 1122 (Fla. 5th DCA 1994). We also reverse the imposition of the fee for the public defender and…
  • Avallone v. State, 646 So. 2d 745 (Fla. 5th DCA 1994)
    …mmunity control, the trial court ordered Avallone to pay a $24 deposit to First Step of Volusia County. This court has recently held that such orders should be stricken unless the trial court cites supporting statutory authority, Eckenrode v. State, 638 So. 2d 214 (Fla. 5th DCA 1994); Gedeon v. State, 636 So. 2d 178 (Fla. 5th DCA 1994). Also, the trial court entered two cost orders pursuant to section 27.3455(1), Florida Statutes (1993), one for each count. That was error. Hollingsworth v. State, 632 So. 2d…

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