EDDIE BUTLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the conviction but struck certain costs and required notice for attorney's fees.
The defendant's conviction was appealed under Anders v. California. The trial court assessed costs without statutory authority and attorney's fees wit…
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WHATLEY, Judge.
In this appeal brought pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we have found no error affecting Butler’s conviction; however, we strike certain costs imposed by the trial court.
First, a cost of $300 was assessed by the trial court, referencing no statutory authority. Under Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995), it is mandatory for a trial court to provide the statutory basis for every cost item imposed. Accordingly, this cost must be stricken. On remand, the state may seek to reimpose appropriate costs in accordance with Reyes.
Second, Butler was assessed attorney’s fees without being given notice of his right to contest the amount of those fees. See Drinnon v. State, 598 So. 2d 229 (Fla. 2d DCA 1992). On remand, if the trial court awards attorney’s fees, Butler must be informed of his right to contest the amount of the fees.
Accordingly, we affirm the judgment and sentence, but strike portions of the costs assessed.
PARKER, A.C.J., and ALTENBERND, J., concur.
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Lunn v. State, 675 So. 2d 648 (Fla. 2d DCA 1996)…rt, 668 So. 2d 589 (Fla.1996). Furthermore, before requiring the defendant to pay for investigative costs, the trial judge must ensure that the agency has made an appropriate request, with supporting documentation, for reimbursement. Jones v. State, 661 So. 2d 50 (Fla. 2d DCA 1995). Reversed and remanded for resentencing. THREADGILL, C.J., and LAZZARA, J., concur.…
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Wyman v. State, 670 So. 2d 1080 (Fla. 2d DCA 1996)…onditions of his probation. We affirm his conviction, but strike three of the conditions of probation. We also strike the $50.00 cost of prosecution since there was no request or other documentation submitted to support the cost. See Jones v. State, 661 So. 2d 50 (Fla. 2d DCA 1995). Appellant challenges conditions four, six, nine, twelve, thirteen, fifteen, sixteen and seventeen of his probation because they were not orally pronounced at sentencing. In view of the supreme court’s recent ruling in State v. H…
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Burnes v. State, 683 So. 2d 1157 (Fla. 5th DCA 1996)…trial court has no discretion to dispense with these costs; defendant’s circumstances and ability to pay are not relevant; and publication of these costs in the Florida Statutes provides every defendant with adequate notice). Accord Jones v. State, 661 So. 2d 50 (Fla. 2d DCA 1995); Brown v. State, 658 So. 2d 1058 (Fla. 2d DCA 1995). [*1158] REVERSED AND REMANDED. PETERSON, C.J., and COBB and ANTOON, JJ., concur.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- Drinnon v. State, 598 So. 2d 229 (Fla. 2d DCA 1992)