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Lee v. State

District Court of Appeal of Florida, Fourth District
Oct 19, 1994
643 So. 2d 1187 (Fla. Dist. Ct. App. 1994)

Opinion

No. 94-0365.

October 19, 1994.

Appeal from the Circuit Court, Indian River County, Joe Wild, Acting Circuit Judge.

Richard L. Jorandby, Public Defender, and Anthony Calvallo, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Edward L. Giles, Asst. Atty. Gen., West Palm Beach, for appellee.


We affirm defendant's conviction. As to the sentence, we reverse the imposition of the following costs and fees:

(a) Board of County Commissioners $ 70 (b) Public Defender 285 (c) State Attorney 200 (d) Costs of Appeal unk The costs of the County Commissioners were undocumented; the public defender fee was without notice to the defendant that he had the right to contest the amount of the fee; the state attorney's costs of prosecution are unauthorized; and there is no authority for prospectively awarding the costs of appeal. See Bull v. State, 548 So.2d 1103 (Fla. 1989); Johnson v. State, 634 So.2d 1152 (Fla. 4th DCA 1994); Anderson v. State, 632 So.2d 132 (Fla. 4th DCA 1994); Davis v. State, 634 So.2d 287 (Fla. 1st DCA 1994); § 939.01, Fla. Stat. (1993).

CONVICTION AFFIRMED; COSTS AND FEES REVERSED.

GUNTHER and FARMER, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.


Summaries of

Lee v. State

District Court of Appeal of Florida, Fourth District
Oct 19, 1994
643 So. 2d 1187 (Fla. Dist. Ct. App. 1994)
Case details for

Lee v. State

Case Details

Full title:NATHANIEL LEE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Oct 19, 1994

Citations

643 So. 2d 1187 (Fla. Dist. Ct. App. 1994)

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