Baxter v. State

District Court of Appeal of Florida

Baxter v. State

584 So. 2d 1034, 1991 Fla. App. LEXIS 7066, 1991 WL 134064

CourtDistrict Court of Appeal of Florida

DecidedJuly 24, 1991

DocketNo. 90-2749

StatusPublished

Cited by1 cases

This text of 584 So. 2d 1034 (Baxter v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Baxter v. State, 584 So. 2d 1034, 1991 Fla. App. LEXIS 7066, 1991 WL 134064 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

We affirm appellant’s conviction, but remand for resentencing and notice and hearing as to the assessment of a public defender’s fee and investigation costs.

The state concedes that appellant could not be adjudged a habitual offender as all of his prior convictions occurred on the same day. See Williams v. State, 573 So.2d 451 (Fla. 4th DCA 1991).

The state further concedes that the trial court improperly sentenced appellant by causing him to be “present” in court via closed circuit television. See Jacobs v. State, 567 So.2d 16 (Fla. 4th DCA 1990).

We hold that appellant should have been given notice and opportunity to be heard on the state’s intention to have the trial court assess a public defender’s fee and investigative costs. See In re R.B., 582 So.2d 163 (Fla. 4th DCA 1991).

REVERSED AND REMANDED FOR RESENTENCING AND FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION.

STONE, GARRETT and FARMER, JJ., concur.

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