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Eckenrode v. State

638 So. 2d 214, 1994 WL 288073
CourtDistrict Court of Appeal of Florida
DecidedJuly 1, 1994
Docket94-109
StatusPublished
Cited by10 cases

This text of 638 So. 2d 214 (Eckenrode 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
Eckenrode v. State, 638 So. 2d 214, 1994 WL 288073 (Fla. Ct. App. 1994).

Opinion

638 So.2d 214 (1994)

James ECKENRODE, Appellant,
v.
STATE of Florida, Appellee.

No. 94-109.

District Court of Appeal of Florida, Fifth District.

July 1, 1994.

James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.

No appearance for appellee.

PER CURIAM.

James Eckenrode stipulated to the assessment of $2710 in aggregate costs and public defender fees when he entered his plea of nolo contendere. However, at a later sentencing hearing and in two orders for costs and fees, the trial court imposed $2910. No proof of the higher amount was offered. Additionally the trial court ordered Eckenrode to pay $180 to First Step of Volusia County. Because we find no statutory authority or agreement by Eckenrode for imposition of this cost, it is stricken. Gedeon v. State, 636 So.2d 178 (Fla. 5th DCA 1994).

*215 We vacate the imposition of $2910 in costs and fees and remand with instructions to the trial court to correct the amount to $2710. The judgment and sentence is affirmed in all other respects.

AFFIRMED IN PART; SENTENCE VACATED IN PART; REMANDED.

GOSHORN, PETERSON and THOMPSON, JJ., concur.

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Cite This Page — Counsel Stack

Bluebook (online)
638 So. 2d 214, 1994 WL 288073, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eckenrode-v-state-fladistctapp-1994.