Opinion
No. 93-2572.
June 24, 1994.
Appeal from the Circuit Court for Volusia County; Gayle S. Graziano, Judge.
James B. Gibson, Public Defender, and James T. Cook, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Kristen Davenport, Asst. Atty. Gen., Daytona Beach, for appellee.
In this Anders appeal, we find no error occurred below and we affirm the judgment and sentence. However, we strike that part of the probation order which charges Hernandez with a Public Defender's fee of $200.00, since he was not advised of his right to contest the fee, pursuant to Florida Rule of Criminal Procedure 3.720. See, e.g., Smith v. State, 632 So.2d 99 (Fla. 5th DCA 1994); Duffey v. State, 629 So.2d 1115 (Fla. 5th DCA 1994).
Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
AFFIRMED in part; assessment of Public Defender fees STRICKEN.
HARRIS, C.J., and W. SHARP and PETERSON, JJ., concur.