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Milton v. State

District Court of Appeal of Florida, First District
Dec 20, 1996
685 So. 2d 81 (Fla. Dist. Ct. App. 1996)

Opinion

CASE NO. 96-533

Opinion filed December 20, 1996.

An appeal from the Circuit Court for Gadsden County, P. Kevin Davey, Judge.

Nancy A. Daniels, Public Defender; Glen P. Gifford, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; James W. Rogers, Senior Assistant Attorney General, Tallahassee, for Appellee.


In the instant appeal filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we find no error in the judgment and sentence and therefore affirm. We, however, strike the $200 attorney fee imposed because the trial court failed to give notice of a right to a hearing to contest the amount of the fee. Brock v. State, 667 So.2d 1014 (Fla. 1st DCA 1996). On remand, the fee may be reimposed provided appellant is given notice and an opportunity to contest its amount. In all other respects the judgment and sentence are affirmed.

MINER, ALLEN and LAWRENCE, JJ., concur.


Summaries of

Milton v. State

District Court of Appeal of Florida, First District
Dec 20, 1996
685 So. 2d 81 (Fla. Dist. Ct. App. 1996)
Case details for

Milton v. State

Case Details

Full title:ERIC JAMES MILTON, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Dec 20, 1996

Citations

685 So. 2d 81 (Fla. Dist. Ct. App. 1996)