DAVID MIRANDA ANDINO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
HARRIS, Judge.
In this Anders appeal, we affirm the judgments and sentences imposed in each case, but strike the imposition of public defender’s fees because the record does not establish that appellant was advised of his right to contest the amount of the fees. See Allmond v. State, 668 So. 2d 1120 (Fla. 5th DCA 1996). Although a separate final judgment for the public defender’s fees stated that appellant may contest the amount within 30 days, that judgment does not show that a copy was served on appellant. On remand, the trial court may reconsider the imposition of the fees after compliance with Rule 3.720(d)(1), Florida Rules of Criminal Procedure.
JUDGMENTS and SENTENCES AFFIRMED; PUBLIC DEFENDER’S FEES STRICKEN; and REMANDED.
THOMPSON and ANTOON, JJ. concur.
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Duchesneau v. Duchesneau, 692 So. 2d 205 (Fla. 5th DCA 1997)…whether thére is substantial competent evidence to support the award. Dykes v. Dykes, 395 So. 2d 188, 190 (Fla. 5th DCA 1981), rev. denied, 402 So. 2d 609 (Fla.1981); Maran v. Maran, 384 So. 2d 950 (Fla. 4th DCA 1980). See also Williams v. Williams, 676 So. 2d 493 (Fla. 5th DCA 1996) (in modification proceeding in transfer of custody, issue is whether record supports change in child’s best interest). In this case, the record shows that the husband cared for the children during periods of time when the wife w…
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Woods v. State, 879 So. 2d 651 (Fla. 5th DCA 2004)…the trial court orders payment of public defender fees without proper compliance with rule 3.720 and section 938.29. Wines v. State, 690 So. 2d 684, 684 (Fla. 5th DCA 1997) (citing Fraim v. State, 678 So. 2d 527 (Fla. 5th DCA 1996); Andino v. State, 676 So. 2d 493 (Fla. 5th DCA 1996)). The rule and statute were not complied with here because Woods was not given notice of the supplemental fees at the violation of probation sentencing hearing, was not given notice of his right to contest the fees, and the fee h…
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- Allmond v. State, 668 So. 2d 1120 (Fla. 5th DCA 1996)