Harrison v. State

Full title: RUSSELL HARRISON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Aug 27, 1997

698 So. 2d 379 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-02035

August 27, 1997.

Appeal from the Circuit Court for Sarasota County; Robert B. Bennett, Judge.

James Marion Moorman, Public Defender, and Deborah K. Brueckheimer, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and John M. Klawikofsky, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

We affirm Mr. Harrison's conviction and sentence for committing a sexual battery on a child less than twelve years old. We strike the $2 court cost because Mr. Harrison was not given notice of the imposition of this discretionary cost under section 943.25(13), Florida Statutes (1995). See Reyes v. State, 655 So.2d 111, 117 (Fla. 2d DCA 1995) (en banc). The trial court also erred in failing to give Mr. Harrison notice that he could object to the amount of the public defender's fee. See Smith v. State, 694 So.2d 838 (Fla. 2d DCA 1997). On remand, Mr. Harrison shall have thirty days from the date of mandate in which to file objections to the amount of the lien. See id. at 839.

PARKER, C.J., and ALTENBERND and NORTHCUTT, JJ., Concur.