MARSHALL MITCHELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MARSHALL MITCHELL, APPELLANT,
STATE OF FLORIDA, APPELLEE
640 So. 2d 1199
Florida District Court of Appeal, Fourth District (1994)
Positive Treatment
Cited by 2 cases
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Opinion of the Court
PER CURIAM.
We affirm Appellant’s judgment and sentence in all respects except that we strike the following costs imposed in case number 92-413:
(1) $2,500 public defender fees, because Appellant was not advised of his right to contest the fee. E.g., Mounts v. State, 638 So. 2d 602 (Fla. 4th DCA 1994); Fontenont v. State, 631 So. 2d 379 (Fla. 5th DCA 1994);
(2) $200 costs of prosecution, because there was no demonstration of the amount of costs incurred. E.g. Tennie v. State, 593 So. 2d 1199 (Fla. 2d DCA 1992); and (3) $100 to “FDLE OPTF,” because there is no indication of the basis for the charge. Tennie.
We remand for resentencing. There is no need for Appellant to be present on resentencing if the above costs are not reimposed.
STONE, POLEN and PARIENTE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Williams v. State, 661 So. 2d 137 (Fla. 4th DCA 1995)…PER CURIAM. We affirm appellant’s conviction. We reverse, however, the imposition of a public defender fee because the trial court failed to advise appellant of his right to contest the amount of the fee. See Mitchell v. State, 640 So. 2d 1199 (Fla. 4th DCA 1994). Additionally, the trial court erred when it indicated on the judgment that appellant’s offense of possession of cocaine constituted a second degree felony; this offense is a felony of the third degree. See § 893.13(6)(a), Fla.St…
Authorities Cited
- Tennie v. State, 593 So. 2d 1199 (Fla. 2d DCA 1992)
- Crawford v. State, 631 So. 2d 379 (Fla. 5th DCA 1994)
- Mounts v. State, 638 So. 2d 602 (Fla. 4th DCA 1994)