JOHN WILSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that attorney's fees and certain discretionary court costs imposed without prior notice to the defendant must be stricken.
The defendant was convicted of battery on a law enforcement officer and sentenced. At sentencing, the trial court imposed attorney's fees and court co…
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PER CURIAM.
John Wilson appeals his judgment and sentence for battery on a law enforcement officer. We affirm the judgment and sentence, but strike the attorney’s fees and certain court costs which were imposed without notice to the defendant.
At the sentencing hearing, without prior notice, the trial court imposed attorney’s fees in the amount of $1,050.00 pursuant to section 27.56, Florida Statutes (1991). Prior notice is indispensable to the imposition of attorney’s fees under this provision. Farmer v. State, 617 So. 2d 447 (Fla. 2d DCA 1993).
The trial court also imposed court costs of $280.00. Of this amount, mandatory court costs of $253.00 were properly imposed. The trial court imposed a cost of $2.00 pursuant to section 943.25(13), Florida Statutes (1991), without announcing the cost at sentencing. This court cost is discretionary and as such cannot be imposed unless the defendant is given notice and an opportunity to be heard. Reyes v. State, No. 92-03336, — So. 2d - [1995 WL 65502] (Fla. 2d DCA Feb. 15, 1995); Sutton v. State, 635 So. 2d 1032 (Fla. 2d DCA 1994). The trial court also imposed $25.00 in administrative court costs, but did not provide notice or cite statutory authority for imposition as required by Reyes and Sutton.
We therefore affirm the judgment and sentence, but strike the attorney’s fees, and $27.00 of the court costs. On remand, the attorney’s fees and costs may be reimposed upon compliance with the requirements of Farmer and Sutton.
Affirmed.
SCHOONOVER, A.C.J., and THREADGILL and FULMER, JJ., concur.
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Trice v. State, 655 So. 2d 1270 (Fla. 2d DCA 1995)…t that the order imposing attorney’s fees pursuant to section 27.56(l)(a), Florida Statutes (1993), must be reversed because the fees were assessed without affording him the opportunity to object to the amount of the assessment. See Wilson v. State, 651 So. 2d 1302 (Fla. 2d DCA 1995); Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995); Farmer v. State, 617 So. 2d 447 (Fla. 2d DCA 1993); Bourque v. State, 595 So. 2d 222 (Fla. 2d DCA 1992). On remand, Mr. Trice shall have thirty days from the date of the mandate…
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Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sutton v. State, 635 So. 2d 1032 (Fla. 2d DCA 1994)
- Farmer v. State, 617 So. 2d 447 (Fla. 2d DCA 1993)