Opinion
No. 92-2131.
October 12, 1993.
An Appeal conducted pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), from the Circuit Court for Monroe County, J. Jefferson Overby, Judge.
Nancy Farmer, a/k/a Nancy McCannon, in pro. per.
Robert A. Butterworth, Atty. Gen., Stephanie G. Kolman, Special Asst. Atty. Gen., for appellee.
Before BARKDULL, NESBITT and COPE, JJ.
The appellant was convicted of unlawful purchase of contraband after a nolo contendere plea preserving her right to appeal a denial of her previously filed motion to suppress. We find no error in the denial of the motion to suppress, State v. Evans, 620 So.2d 802 (Fla. 2d DCA 1993); Minnis v. State, 577 So.2d 973 (Fla. 4th DCA 1991); State v. Abiri, 539 So.2d 492 (Fla. 2d DCA 1989); Bussey v. State, 528 So.2d 955 (Fla. 3d DCA 1988); State v. Ruiz, 526 So.2d 170 (Fla. 3d DCA 1988); State v. Lewis, 518 So.2d 406 (Fla. 3d DCA 1988); State v. Hetland, 366 So.2d 831 (Fla. 2d DCA 1979); State v. Williams, 358 So.2d 1094 (Fla. 1st DCA 1978); State v. Mullin, 286 So.2d 36 (Fla. 3d DCA 1973); Nix v. Williams, 467 U.S. 431, 104 S.Ct. 2501, 81 L.Ed.2d 377 (1984); Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); § 939.01(1), Fla. Stat. (1987), but do find error in the taxing of attorney's fees as costs against her in the amount of $525.00, allegedly pursuant to section 939.01, Florida Statutes (1991). See Smith v. State, 606 So.2d 427 (Fla. 1st DCA 1992). Therefore, we affirm the adjudication of guilt and sentence thereon, but we strike from the sentencing order the award of $525.00 attorney's fees as costs against the appellant.
Affirmed as modified.