Confere v. State

District Court of Appeal of Florida

Confere v. State

691 So. 2d 647, 1997 Fla. App. LEXIS 3998, 1997 WL 186462

CourtDistrict Court of Appeal of Florida

DecidedApril 18, 1997

DocketNo. 95-04386

StatusPublished

This text of 691 So. 2d 647 (Confere 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.

Bluebook

Confere v. State, 691 So. 2d 647, 1997 Fla. App. LEXIS 3998, 1997 WL 186462 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

Clemens F. Confere appeals the judgment and sentence imposed by the trial court upon his conviction for possession of cocaine. We affirm the trial court’s denial of appellant’s motion to suppress. However, we reverse the trial court’s imposition of certain cost items and some special conditions of probation.

The trial court ordered Confere to pay $100 to the Florida Department of Law Enforcement and to pay a public defender’s fee of $300. We strike the $100 cost item because the trial court did not have any documentation. We also agree that the $300 public defender fee was imposed without giving Confere notice and an opportunity to be heard on the amount of the assessment. On remand, Confere will have thirty days from the date of the mandate to object to the amount. If an objection is filed, the fee shall be stricken, and Confere given proper notice and a hearing before imposing any new assessment. See Trice v. State, 655 So.2d 1270 (Fla. 2d DCA 1995); Sutton v. State, 635 So.2d 1032 (Fla. 2d DCA 1994).

In addition, we strike the probation conditions regarding alcohol. These conditions are special conditions of probation which must be orally pronounced at sentencing. Fla. R.Crim. P. 3.700(b); Justice v. State, 674 So.2d 123 (Fla.1996); State v. Hart, 668 So.2d 589 (Fla.1996); Callaway v. State, 658 So.2d 593 (Fla. 2d DCA 1995).

BLUE, A.C.J., and FULMER and QUINCE, JJ., concur.

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PER CURIAM.

Clemens F. Confere appeals the judgment and sentence imposed by the trial court upon his conviction for possession of cocaine. We affirm the trial court’s denial of appellant’s motion to suppress. However, we reverse the trial court’s imposition of certain cost items and some special conditions of probation.

The trial court ordered Confere to pay $100 to the Florida Department of Law Enforcement and to pay a public defender’s fee of $300. We strike the $100 cost item because the trial court did not have any documentation. We also agree that the $300 public defender fee was imposed without giving Confere notice and an opportunity to be heard on the amount of the assessment. On remand, Confere will have thirty days from the date of the mandate to object to the amount. If an objection is filed, the fee shall be stricken, and Confere given proper notice and a hearing before imposing any new assessment. See Trice v. State, 655 So.2d 1270 (Fla. 2d DCA 1995); Sutton v. State, 635 So.2d 1032 (Fla. 2d DCA 1994).

In addition, we strike the probation conditions regarding alcohol. These conditions are special conditions of probation which must be orally pronounced at sentencing. Fla. R.Crim. P. 3.700(b); Justice v. State, 674 So.2d 123 (Fla.1996); State v. Hart, 668 So.2d 589 (Fla.1996); Callaway v. State, 658 So.2d 593 (Fla. 2d DCA 1995).

BLUE, A.C.J., and FULMER and QUINCE, JJ., concur.

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691 So. 2d 647, 1997 Fla. App. LEXIS 3998, 1997 WL 186462, Counsel Stack Legal Research, https://law.counselstack.com/opinion/confere-v-state-fladistctapp-1997.

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