FREDERICK GERARD ROSS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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QUINCE, Judge.
Frederick Gerard Ross appeals his judgments and sentences entered after a jury convicted him of assault on a law enforcement officer and battery on a law enforcement officer. We affirm his convictions but remand to the trial court for further proceedings on the imposition of costs and attorney’s fees.
Appellant argues and we agree that $433.00 in costs/fines were imposed without reference to the statutory basis for such imposition. We strike the costs imposed and remand to the trial court for further proceedings. The state may seek to reimpose these costs, and if reimposed the record must contain citation to the proper statutory authority. Sutton v. State, 635 So. 2d 1032 (Fla. 2d DCA 1994). Additionally, we strike the imposition of the $300.00 public defender fee. On remand, the fee may be reimposed after notice and hearing. Richardson v. State, 638 So. 2d 619 (Fla. 2d DCA 1994).
DANAHY, A.C.J., and THREADGILL, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Waqar Ahmad (Mickey) Khan v. Simkins Indus., Inc., 687 So. 2d 16 (Fla. 3d DCA 1996)…ries sued WAK Limited to foreclose upon the notes and mortgages. Waqar and Ammar Khan were parties to that proceeding in their capacities as corporate officers. The foreclosure was affirmed by this court in WAK Limited, Inc. v. Simkins Indus., Inc., 658 So. 2d 571 (Fla. 3d DCA 1995). The first issue raised by Waqar and Ammar Khan in this appeal relates to the judicial estoppel effect of the prior foreclosure action. The Khans argue that the trial court erred in failing to dismiss the current suit on the pers…
Authorities Cited
- Sutton v. State, 635 So. 2d 1032 (Fla. 2d DCA 1994)
- Richardson v. State, 638 So. 2d 619 (Fla. 2d DCA 1994)