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Adair v. State

District Court of Appeal of Florida, First District
Mar 21, 1990
558 So. 2d 203 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-2405.

March 21, 1990.

An Appeal from the Circuit Court for Bay County; N. Russell Bower, Judge.

Jeffrey P. Whitton, Panama City, for appellant.

Robert A. Butterworth, Atty. Gen., and Cynthia Shaw, Asst. Atty. Gen., Tallahassee, for appellee.


Donald Eugene Adair untimely appeals the imposition of a statutory attorney's fee and court costs. We grant the belated appeal, reverse the imposition of the fee and costs and remand with directions that the trial court afford Adair proper notice and opportunity to object to the imposition of the fees and costs. Jenkins v. State, 444 So.2d 947 (Fla. 1984). Because we find the Florida Supreme Court's analysis and holding in Jenkins and subsequent decisions unequivocal, we deny the State's request to certify this issue to the Florida Supreme Court notwithstanding recent federal decisions. See e.g., United States v. Pagan, 785 F.2d 378 (2d Cir.), cert. denied, 479 U.S. 1017, 107 S.Ct. 667, 93 L.Ed.2d 719 (1986).

REVERSE and REMAND.

SHIVERS, C.J., and WIGGINTON, J., concur.


Summaries of

Adair v. State

District Court of Appeal of Florida, First District
Mar 21, 1990
558 So. 2d 203 (Fla. Dist. Ct. App. 1990)
Case details for

Adair v. State

Case Details

Full title:DONALD EUGENE ADAIR, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Mar 21, 1990

Citations

558 So. 2d 203 (Fla. Dist. Ct. App. 1990)

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