TIMOTHY EARL WALKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PATTERSON, Acting Chief Judge.
The appellant challenges his judgment and sentence for possession of cocaine. We find no error as to the appellant’s conviction and therefore affirm as to that conviction. However, we strike certain costs imposed upon the appellant since they are discretionary costs which were not announced at sentencing. Specifically, we strike the $50 cost imposed under section 939.01, Florida Statutes (1993); the $2 cost imposed under section 943.25(13), Florida Statutes (1993); and the $200 cost imposed under section 27.56, Florida Statutes (1993), for public defender fees. See Reyes v. State, 655 So. 2d 111, 117 (Fla. 2d DCA 1995).
Accordingly, we affirm the conviction and sentence and strike the improperly imposed costs. On remand, the state may seek reimposition of the costs with proper notice to the appellant. See Fortt v. State, 658 So. 2d 637 (Fla. 2d DCA 1995).
ALTENBERND and FULMER, JJ., concur.
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Cottle v. State, 733 So. 2d 963 (Fla. 1999)…PER CURIAM. We have for review Cottle v. State, 700 So. 2d 53 (Fla. 5th DCA 1997), based on direct and express conflict with the decisions 1 in Seymore v. State, 693 So. 2d 647 (Fla. 1st DCA 1997); Hilligenn v. State, 660 So. 2d 361 (Fla. 2d DCA 1995); and Abella v. State, 429 So. 2d 774 (Fla. 3d DCA 1983). At issue is whether the Fifth District erred in holding that ineffective assistance claims pertaining to an unrelated plea offer must allege that the trial court would have…1 / 3
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del Valle v. State, 26 So. 3d 650 (Fla. 2d DCA 2010)…were not announced at sentencing, and Del Valle was not advised of his right to a hearing to contest the amount of the public defender fees. See Fla. R.Crim. P. 3.720(d)(1). Therefore, the public defender fees must be stricken. See Walker v. State, 660 So. 2d 361, 361 (Fla. 2d DCA 1995). On remand, the trial court may reimpose the fees only if it provides Del Valle notice of its intent to do so and the opportunity to be heard at a hearing on the matter. See Bruno v. State, 960 So. 2d 907, 907 (Fla. 2d DCA 20…
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Authorities Cited
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- Ivery Fortt v. State, 658 So. 2d 637 (Fla. 2d DCA 1995)