MELVIN BRYANT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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POLEN, Judge.
Melvin Bryant appeals a final judgment convicting him of sexual battery with slight force, alleging that the trial court should have granted his motion for mistrial based on prosecutorial comments during closing argument. Bryant also appeals the imposition of the costs of prosecution, and a public defender fee. We affirm the denial of the motion for mistrial, as we find the prosecutor’s comments closer to those found not to require a mistrial in Holliday v. State, 389 So. 2d 679 (Fla. 3d DCA 1980). We also affirm the imposition of the costs of prosecution and the special public defender fee because Bryant failed to object to either one, thus failing to preserve the imposition of these fees and costs for appellate review. See Norman v. State, 676 So. 2d 7 (Fla. 4th DCA 1996); Holmes v. State, 658 So. 2d 1185 (Fla. 4th DCA 1995) (affirming the imposition of costs of prosecution and special public defender fees as there was no objection below).
GLICKSTEIN and SHAHOOD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Matke v. State, 765 So. 2d 52 (Fla. 1st DCA 1998)…ike the public defender lien, without prejudice. On remand, a lien may again be imposed, provided that appellant is given notice and an opportunity to contest its amount. We recognize that appellee relies on Fourth District cases, Bryant v. State, 677 So. 2d 932 (Fla. 4th DCA 1996) and Holmes v. State, 658 So. 2d 1185 (Fla. 4th DCA 1995), which hold such errors are not fundamental, and therefore we certify conflict with those opinions. REVERSED and REMANDED. MINER, J., and SHIVERS, Senior Judge, concur.…
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Sculley v. State, 742 So. 2d 286 (Fla. 1st DCA 1998)…operly advised of his right to a hearing to contest the amount of the lien, pursuant to Florida Rule of Criminal Procedure 3.720(d)(1). We again recognize that the Fourth District has held that such errors are not fundamental, see Bryant v. State, 677 So. 2d 932 (Fla. 4th DCA 1996); Holmes v. State, 658 So. 2d 1185 (Fla. 4th DCA 1995), and therefore certify conflict with those decisions. See Matke, supra. BARFIELD, C.J., and JOANOS and KAHN, JJ., concur.…
Authorities Cited
- Holmes v. State, 658 So. 2d 1185 (Fla. 4th DCA 1995)
- Ohio Cas. Grp. v. Parrish, 389 So. 2d 679 (Fla. 3d DCA 1980)
- Holliday v. State, 389 So. 2d 679 (Fla. 3d DCA 1980)
- Norman v. State, 676 So. 2d 7 (Fla. 4th DCA 1996)