DAVID ALLEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
David Allen appeals his judgment and sentence for the unauthorized possession of a driver’s license. We affirm the judgment but strike court costs and attorney’s fees imposed at sentencing because the trial court faded to cite appropriate statutory authority for the court costs and also failed to advise Allen of his right to contest the amount of attorney’s fees imposed. See § 27.56(7), Fla. Stat. (1995); Fla. R.Crim. P. 3.720; Brown v. State, 506 So. 2d 1068 (Fla. 2d DCA), rev. denied, 515 So. 2d 229 (Fla.1987).
On remand, court costs may be reimposed with reference to the appropriate statutory authority. Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995). Additionally, Allen shad be given thirty days from the date of the mandate to file a written objection to the amount of attorney’s fees imposed. If Allen objects, the fees shall be stricken but may be reimposed based on the trial court’s findings following a fee hearing. Bourque v. State, 595 So. 2d 222 (Fla. 2d DCA 1992). Allen’s sentence is affirmed in all other respects.
PATTERSON, A.C.J., and QUINCE and NORTHCUTT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Basham v. State, 695 So. 2d 887 (Fla. 2d DCA 1997)…there is no statutory citation for the assessment contained in the appellant’s sentence. See Smith v. State, 686 So. 2d 8 (Fla. 2d DCA 1996). However, the costs may be reimposed with reference to the appropriate statutory authority. Allen v. State, 692 So. 2d 970 (Fla. 2d DCA 1997). In imposing an attorney’s fee of $1,000 at sentencing, the trial court failed to advise the appellant of the statutory authority for its imposition, section 27.56, Fla. Stat. (1995); nor did the trial court advise the appellant…
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Rodriguez v. State, 701 So. 2d 365 (Fla. 2d DCA 1997)…there is no statutory citation for the assessment contained in the appellant’s sentence. See Smith v. State, 686 So. 2d 8 (Fla. 2d DCA 1996). However, the costs may be reimposed with reference to the appropriate statutory authority. Allen v. State, 692 So. 2d 970 (Fla. 2d DCA 1997). Except as specified herein, the appellant’s judgment and sentence are affirmed. CAMPBELL and LAZZARA, JJ., concur.…
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Woods v. State, 702 So. 2d 535 (Fla. 2d DCA 1997)…ken because there is no statutory citation for this assessment contained in the sentence. See Smith v. State, 686 So. 2d 8 (Fla. 2d DCA 1996). However, the costs may be reimposed with reference to the appropriate statutory authority. Allen v. State, 692 So. 2d 970 (Fla. 2d DCA 1997). We also reverse the requirement that the appellant pay $300 in attorney’s fees. On remand, the appellant shall be given thirty days from the date of the mandate to file a written objection to the amount of attorney’s fees impos…
Authorities Cited
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- Bourque v. State, 595 So. 2d 222 (Fla. 2d DCA 1992)
- Alphonso Brown v. State, 506 So. 2d 1068 (Fla. 2d DCA 1987)