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Skillman v. State

District Court of Appeal of Florida, Second District
Jul 23, 1997
696 So. 2d 1341 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-00940

Opinion filed July 23, 1997.

Appeal from the Circuit Court for Polk County; Robert A. Young, Judge.

James Marion Moorman, Public Defender, and Douglas Chanco, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Robert J. Krauss, Assistant Attorney General, Tampa, for Appellee.


In this appeal filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), the public defender has suggested several arguments, one of which has merit. The trial court erred in assessing the appellant $658 for the cost of extradition. See Jackson v. State, 668 So.2d 1082 (Fla. 2d DCA 1996). The cost of extradition is a cost of prosecution, see Pickrel v. State, 609 So.2d 65 (Fla. 4th DCA 1992), and must be sought in accordance with the statutory procedures as espoused inReyes v. State, 655 So.2d 111, 119 (Fla. 2d DCA 1995) (en banc). Accordingly, we strike the cost of extradition and remand this case for the state to seek reimposition of this cost, if desired. Because we see no other error, we affirm the appellant's judgment and sentence in all other respects.

Cost of extradition stricken; judgment and sentence otherwise affirmed; remanded with instructions.

SCHOONOVER, A.C.J., and PATTERSON and LAZZARA, JJ., Concur.


Summaries of

Skillman v. State

District Court of Appeal of Florida, Second District
Jul 23, 1997
696 So. 2d 1341 (Fla. Dist. Ct. App. 1997)
Case details for

Skillman v. State

Case Details

Full title:ANDREW C. SKILLMAN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jul 23, 1997

Citations

696 So. 2d 1341 (Fla. Dist. Ct. App. 1997)

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