NATHANIEL LEE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1994-10-19
No. 94-0365
GUNTHER and FARMER, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
643 So. 2d 1187 Florida District Court of Appeal, Fourth District (1994) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm defendant’s conviction. As to the sentence, we reverse the imposition of the following costs and fees:

(a) Board of County Commis- $ 70 sioners

(b) Public Defender 285

(c) State Attorney 200

(d) Costs of Appeal unk

The costs of the County Commissioners were undocumented; the public defender fee was without notice to the defendant that he had the right to contest the amount of the fee; the state attorney’s costs of prosecution are unauthorized; and there is no authority for prospectively awarding the costs of appeal. See Bull v. State, 548 So. 2d 1103 (Fla.1989); Johnson v. State, 634 So. 2d 1152 (Fla. 4th DCA 1994); Anderson v. State, 632 So. 2d 132 (Fla. 4th DCA 1994); Davis v. State, 634 So. 2d 287 (Fla. 1st DCA 1994); § 939.01, Fla.Stat. (1993).

CONVICTION AFFIRMED; COSTS AND FEES REVERSED.

GUNTHER and FARMER, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.


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Cited By

  • Friend v. State, 666 So. 2d 599 (Fla. 4th DCA 1996)
    …rike the imposition of public defender and county commission fees because, apart from the failure to consider the defendant’s ability to pay, there was no documentation of the fees as required by section 939.01, Florida Statute (1993). Lee v. State, 643 So. 2d 1187 (Fla. 4th DCA 1994). CONVICTION AND SENTENCE AFFIRMED; RESTITUTION AND COSTS REVERSED. GUNTHER, C.J., FARMER and KLEIN, concur.…

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