McLeod v. State

Full title: ALVIN McLEOD, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Nov 10, 1994

645 So. 2d 116 (Fla. Dist. Ct. App. 1994)

Opinion

No. 94-954.

November 10, 1994.

Appeal from the Circuit Court, Volusia County, John W. Watson, III, J.

James B. Gibson, Public Defender, and Daisy G. Clements, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Rebecca Roark Wall, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Judge.

This is an appeal from a sentence wherein the judge improperly assessed costs against appellant for "First Step." That portion of the sentence must be vacated. Mittner v. State, 648 So.2d 139 (Fla. 5th DCA 1994); Murray v. State, 647 So.2d 313 (Fla. 5th DCA 1994); Tibero v. State, 646 So.2d 213 (Fla. 5th DCA 1994); Avallone v. State, 646 So.2d 745 (Fla. 5th DCA 1994); Watson v. State, 641 So.2d 432 (Fla. 5th DCA 1994); Macon v. State, 639 So.2d 206 (Fla. 5th DCA 1994); Eckenrode v. State, 638 So.2d 214 (Fla. 5th DCA 1994); Botts v. State, 634 So.2d 197 (Fla. 5th DCA 1994). Additionally, the court improperly assessed attorney fees against appellant without first giving him notice of the intention to assess fees and a hearing regarding the entitlement and amount. See Burke v. State, 642 So.2d 677 (Fla. 5th DCA 1994); Craig v. State, 643 So.2d 50 (Fla. 5th DCA 1994); Dewitt v. State, 639 So.2d 694 (Fla. 5th DCA 1994); Edwards v. State, 639 So.2d 107 (Fla. 5th DCA 1994); Griffin v. State, 636 So.2d 589 (Fla. 5th DCA 1994); Fulmore v. State, 634 So.2d 829 (Fla. 5th DCA 1994); Lynch v. State, 632 So.2d 710 (Fla. 5th DCA 1994); Smith v. State, 632 So.2d 99 (Fla. 5th DCA 1994); Fontenont v. State, 631 So.2d 379 (Fla. 5th DCA 1994); Fannin v. State, 630 So.2d 230 (Fla. 5th DCA 1994); Duffey v. State, 629 So.2d 1115 (Fla. 5th DCA 1994). Appellant must be properly resentenced.

SENTENCE VACATED; REMANDED.

PETERSON and THOMPSON, JJ., concur.