Summary
In Bristow, we relied on an earlier decision of this court, State v. Watkins (Aug. 24, 1995), Richland App. No. 94 CA 20, unreported, in concluding that defendant was entitled to an evidentiary hearing on his motion to withdraw his guilty plea.
Summary of this case from State v. ThomasOpinion
No. 94-00696.
December 8, 1995. Rehearing Denied January 22, 1996.
Appeal from the Circuit Court, Polk County; Susan W. Roberts, Judge.
James Marion Moorman, Public Defender, and D.P. Chanco, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Ron Napolitano, Assistant Attorney General, Tampa, for Appellee.
Counsel for Richard Bristow filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), raising five points. We find merit only in the argument that certain cost items were improperly imposed.
Bristow argues and the state agrees there was no notice or opportunity to object to the $2.00 cost imposed pursuant to section 943.25 (13), Florida Statutes (1991). Additionally, the $33.00 cost/fine was imposed without statutory authority. We, therefore, strike these costs. However, on remand both cost items may be reimposed after notice and an opportunity to object and with citation to the appropriate statutory authority.
In all other respects, the judgment and sentence are affirmed.
CAMPBELL, A.C.J., and PARKER and QUINCE, JJ., concur.