EDDIE GILES A/K/A EDWARD LEE GILES, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the judgment and sentence but struck certain costs and fees.
Eddie Giles appealed his judgment and sentence for possession of cocaine and obstructing a police officer, challenging specific costs and fees imposed…
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PATTERSON, Chief Judge.
Eddie Giles appeals from his judgment and sentence for possession of cocaine and obstructing or opposing a police officer. We affirm his judgment and sentence without discussion but strike certain costs and fees.
Giles contests a fee of $2 imposed pursuant to section 938.15, Florida Statutes (1999), a $150 court facility fee, and a $100 fee for the public defender’s services. He has properly preserved his challenge for appellate review.
We strike the $2 discretionary cost because it was not announced at sentencing. See Lazo v. State, 711 So. 2d 1303 (Fla. 2d DCA 1998). We also strike the court facility fee because the trial court did not announce it at sentencing and gave no statutory authority for its imposition. See Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995) (en banc). Finally, because the trial court imposed a $100 public defender fee without giving Giles prior notice or the opportunity to contest the fees, we strike this fee. See Callaway v. State, 658 So. 2d 593 (Fla. 2d DCA 1995).
Judgment and sentence affirmed; costs stricken.
WHATLEY and STRINGER, JJ„ concur.
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Citator
Cited By
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Waller v. State, 911 So. 2d 226 (Fla. 2d DCA 2005)…cost imposed pursuant to section 938.15 is a discretionary cost.2 See Parham v. State, 902 So. 2d 287 (Fla. 2d DCA 2005); Robinson v. State, 894 So. 2d 1084 (Fla. 2d DCA 2005); Ubertaccio v. State, 892 So. 2d 507 (Fla. 2d DCA 2004); Giles v. State, 779 So. 2d 546 (Fla. 2d DCA 2001). Pasco County has established a criminal justice education degree and training program that is funded by a mandatory $2 court cost assessed against every person convicted for violation of a state penal or criminal statute or convi…
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Ubertaccio v. State, 892 So. 2d 507 (Fla. 2d DCA 2004)…tion, which must be stricken pursuant to Gonse v. State, 713 So. 2d 1114 (Fla. 2d DCA 1998), and Reyes, 655 So. 2d 111, for lack of documentation; and (5) $2 cost imposed pursuant to section 938.15, which must be stricken pursuant to Giles v. State, 779 So. 2d 546 (Fla. 2d DCA 2001), because it was not orally pronounced. Having determined that the trial court improperly imposed the above costs, we strike those costs but otherwise affirm. Affirmed; costs stricken. WHATLEY and SALCINES, JJ., concur.…
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Griffin v. State, 800 So. 2d 321 (Fla. 1st DCA 2001)…ed. The imposition of a $2 cost under section 938.15, Florida Statutes (1997), is reversed, however, because the court failed to announce this discretionary cost at sentencing. See Terry v. State, 791 So. 2d 1162 (Fla. 1st DCA 2001); Giles v. State, 779 So. 2d 546 (Fla. 2d DCA 2001). On remand, however, the court may reimpose this cost after complying with the procedural safeguards. See Terry. AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings. ERVIN, BARFIELD and BENTON, JJ., CONCU…
Authorities Cited
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- Deldesondro Callaway v. State, 658 So. 2d 593 (Fla. 2d DCA 1995)
- Lazo v. State, 711 So. 2d 1303 (Fla. 2d DCA 1998)