DONALD EUGENE PRICE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Donald Eugene Price’s appellate counsel filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), wherein he raised various sentencing issues. See In re Anders Briefs, 581 So. 2d 149 (Fla.1991). We affirm Price’s convictions but remand the case for sentencing on count ten (grand theft) in circuit court case no. CF-95-2692A1-XX because there was no oral pronouncement of sentence for that offense. We strike a discretionary fine of $44.77 imposed at sentencing because the trial court failed to orally pronounce the statutory basis for the fine. See Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995) (en banc). Additionally, because the trial court failed to advise Price of his right to contest the amount of attorney’s fees imposed at sentencing, he shall have thirty days from the date of the mandate to file a written objection. See § 27.56(7), Fla. Stat. (1995); Bourque v. State, 595 So. 2d 222 (Fla. 2d DCA 1992). If an objection is filed the fees should be stricken. Following a fee healing, attorney’s fees may be reimposed in accordance with the trial court’s findings.
BLUE, A.C.J., and WHATLEY and QUINCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Huff v. State, 700 So. 2d 787 (Fla. 2d DCA 1997)…scussion, but reverse some portions of the sentencing order. Huff correctly contends that the trial court failed to orally pronounce the discretionary fine of $44.77, imposed pursuant to section 775.083, Florida Statutes (1995). See Price v. State, 697 So. 2d 937 (Fla. 2d DCA 1997); Anderson v. State, 22 Fla. L. Weekly D1796, — So. 2d —, 1997 WL 400340 (Fla. 2d DCA July 18,1997). Therefore, we strike this discretionary fine. As to condition eight dealing with drug and alcohol testing and treatment, Huff con…
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Lemuel Ronald Harris v. State, 700 So. 2d 85 (Fla. 2d DCA 1997)…and sentence with the following exceptions and remand for resentencing. We strike the discretionary fine of $44.77 and the surcharge of $2.23 because the trial court failed to orally pronounce the statutory basis for the fine. See Price v. State, 697 So. 2d 937 (Fla. 2d DCA 1997); Anderson v. State, 22 Fla. L. Weekly D1796, — So. 2d -, 1997 WL 400340 (Fla. 2d DCA July 18, 1997). In addition, because the trial court imposed a public defender’s lien without advising Harris of his right to contest the lien,…
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Chuck Junior Williams v. State, 700 So. 2d 750 (Fla. 2d DCA 1997)…CA 1992). Williams next contends that the trial court erred in assessing a $44.77 discretionary fine; pursuant to section 775.083, Florida Statutes (1995), without announcing the fine at sentencing. We agree and strike the fine. See Price v. State, 697 So. 2d 937 (Fla. 2d DCA 1997); Anderson v. State, 22 Fla. L. Weekly D1796, — So. 2d —, 1997 WL 400340 (Fla. 2d DCA July 18, 1997). As to Conditions 8, 20 and 24 dealing with drug and alcohol testing and treatment, Williams contends that he was given no notice…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- In re App. Court Response to Anders Briefs, 581 So. 2d 149 (Fla. 1991)
- Bourque v. State, 595 So. 2d 222 (Fla. 2d DCA 1992)