JOE CLAYTON HALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CANADY, Judge.
Joe Clayton Hall appeals his conviction and sentence for sale of cocaine and resisting an officer without violence. We affirm Hall’s conviction without comment. However, the State concedes that the trial court erred in imposing $80 in costs of prosecution because the State failed to document its request for costs. See Howard v. State, 920 So. 2d 764, 765 (Fla. 2d DCA 2006); Hill v. State, 845 So. 2d 310, 310 (Fla. 2d DCA 2003); Tucker v. State, 832 So. 2d 840, 840 (Fla. 2d DCA 2002).
Because the State failed to meet its burden of demonstrating the amount of costs incurred as required by section 938.27(4), Florida Statutes (2004), we strike the $80 costs of prosecution and remand to the trial court with directions that such costs may be reimposed following the State’s production of the required documentation. See Howard, 920 So. 2d at 765; Hill, 845 So. 2d at 311; Tucker, 832 So. 2d at 841.
Conviction affirmed; costs award stricken; remanded with instructions.
DAVIS and WALLACE, JJ., Concur.
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Sheppard v. State, 17 So. 3d 275 (Fla. 2009)…ion to withdraw plea filed by a criminal defendant who is represented by counsel is a nullity, unless the defendant makes an unequivocal request to discharge counsel.” King v. State, 939 So. 2d 1196, 1196 (Fla. 2d DCA 2006) (citing Johnson v. State, 932 So. 2d 1169, 1170 (Fla. 2d DCA 2006), Grainger v. State, 906 So. 2d 380, 382 (Fla. 2d DCA 2005), and Mourra v. State, 884 So. 2d 316, 321 (Fla. 2d DCA 2004)). Alternatively, courh-ap-pointed counsel could have adopted the pro se motion and then proceeded to rep…1 / 2
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Sheppard v. State, 988 So. 2d 74 (Fla. 2d DCA 2008)…ion to withdraw plea filed by a criminal defendant who is represented by counsel is a nullity, unless the defendant makes an unequivocal request to discharge counsel.” King v. State, 939 So. 2d 1196, 1196 (Fla. 2d DCA 2006) (citing Johnson v. State, 932 So. 2d 1169, 1170 (Fla. 2d DCA 2006), Grainger v. State, 906 So. 2d 380, 382 (Fla. 2d DCA 2005), and Mourra v. State, 884 So. 2d 316, 321 (Fla. 2d DCA 2004)). Alternatively, court-appointed counsel could have adopted the pro se motion and then proceeded to repr…1 / 2
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King v. State, 939 So. 2d 1196 (Fla. 2d DCA 2006)…se motion to withdraw his plea in each case. A rule 3.170(l) motion to withdraw plea filed by a criminal defendant who is represented by counsel is a nullity, unless the defendant makes an unequivocal request to discharge counsel. Johnson v. State, 932 So. 2d 1169, 1170 (Fla. 2d DCA 2006); Grainger v. State, 906 So. 2d 380, 382 (Fla. 2d DCA 2005); Mourra v. State, 884 So. 2d 316, 321 (Fla. 2d DCA 2004). King made no request to discharge his counsel, and nothing in the record reflects that counsel had been dis…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hill v. State, 845 So. 2d 310 (Fla. 2d DCA 2003)
- Tucker v. State, 832 So. 2d 840 (Fla. 2d DCA 2002)
- Howard v. State, 920 So. 2d 764 (Fla. 2d DCA 2006)