LAWRENCE D. MILLS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ON MOTION FOR REHEARING
PER CURIAM.
The opinion of this court issued June 22, 1994 is withdrawn and the following opinion is substituted. The motions for rehearing and rehearing en banc filed by appellant, considered in light of this substituted opinion, are denied.
We affirm the trial court’s assessment of $200.00 for costs of prosecution against appellant since he failed to object to imposition of such costs during the sentencing hearing. See Thomas v. State, 633 So. 2d 1122 (Fla. 5th DCA 1994). We reverse, however, the amount of court costs imposed in the trial court’s order and remand with instructions to correct that amount to reflect an assessment of $295.00 in court costs.
AFFIRMED IN PART; REVERSED IN PART and REMANDED.
DELL, C.J., HERSEY, J., and DAUKSCH, JAMES C., JR., Associate Judge, concur.
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Oehling v. State, 659 So. 2d 1226 (Fla. 5th DCA 1995)…hich asserted the lesser included instruction had in fact been given, Oehling’s ease is legally insufficient. It relies on Lightbourne v. State, 471 So. 2d 27 (Fla.1985) (attachments not required when claim is legally insufficient); Grimes v. State, 642 So. 2d 145 (Fla. 4th DCA 1994) (failure of court to include attachments in a rule 3.800(a) proceeding not error when state’s response includes attachments and the court’s order indicates that state’s response was considered); and Bland [*1228] v. State, 563 So…
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Norman v. State, 676 So. 2d 7 (Fla. 4th DCA 1996)…failed to present evidence of his inability to pay. By not objecting to the imposition of the cost of prosecution, defendant did not adequately preserve this issue for appeal. See Holmes v. State, 658 So. 2d 1185 (Fla. 4th DCA 1994); Mills v. State, 642 So. 2d 145 (Fla. 4th DCA 1994); Thomas v. State, 633 So. 2d 1122 (Fla. 5th DCA 1994). In Holmes we declined to consider the defendant’s various challenges to the trial court’s imposition of prosecution costs and public defender fees “for the very simple reason…
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Evans v. State, 731 So. 2d 766 (Fla. 4th DCA 1999)…strikes, had it been made part of the court’s order. The failure to physically attach the transcript would not have required reversal on this point if the court had stated in its order that it had reviewed the state’s response. See Grimes v. State, 642 So. 2d 145 (Fla. 4th DCA 1994). However, the order does not mention the response. The appellant’s second ground for relief was that his trial counsel was ineffective for failing to request a jury instruction pursuant to Florida Statutes section 90.803(18)(e)…
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