Adams v. State

Full title: FREDRICK ANTONIO ADAMS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Jun 9, 1993

619 So. 2d 34 (Fla. Dist. Ct. App. 1993)

Opinion

No. 92-00590.

June 9, 1993.

Appeal from the Circuit Court for Polk County; E. Randolph Bentley, Judge.

James Marion Moorman, Public Defender, and Robert F. Moeller, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Dell H. Edwards, Asst. Atty. Gen., Tampa, for appellee.

THREADGILL, Judge.

We affirm the appellant's convictions and sentences in all respects. However, we find merit in the appellant's challenge to the public defender's fee imposed by the written judgment but not pronounced in open court. The written sentence should not vary from the oral pronouncements. Reber v. State, 611 So.2d 91 (Fla. 2d DCA 1992). We therefore strike the assessment and lien for attorney's fees and remand for correction of the written judgment. Id.

Affirmed; remanded.

HALL, A.C.J., and PATTERSON, J., concur.