Drake v. State

Full title: CHARLES F. DRAKE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Oct 28, 1994

644 So. 2d 179 (Fla. Dist. Ct. App. 1994)

Opinion

No. 94-1171.

October 28, 1994.

Appeal from the Circuit Court for St. Johns County; Richard G. Weinberg, Judge.

James B. Gibson, Public Defender, and James T. Cook, Asst. Public Defender, Daytona Beach, for appellant.

No appearance for appellee.

HARRIS, Chief Judge.

Appellant's sentence is approved except with regard to the imposition of costs. No statutory authority was cited for the assessment of $165.00 in court costs. See Thomas v. State, 633 So.2d 1122 (Fla. 5th DCA), rev. denied, 640 So.2d 1109 (Fla. 1994). Nor was appellant apprised of his right to challenge the assessment of a $100.00 public defender's lien pursuant to Florida Rules of Criminal Procedure 3.720(d)(1).

REVERSED in part; AFFIRMED in part and REMANDED.

GRIFFIN and THOMPSON, JJ., concur.