Lee v. State

643 So. 2d 1187, 1994 Fla. App. LEXIS 9989, 1994 WL 568090

Opinion

PER CURIAM.

We affirm defendant’s conviction. As to the sentence, we reverse the imposition of the following costs and fees:

(a) Board of County Commis- $ 70 sioners

(b) Public Defender 285

(c) State Attorney 200

(d) Costs of Appeal unk

The costs of the County Commissioners were undocumented; the public defender fee was without notice to the defendant that he had the right to contest the amount of the fee; the state attorney’s costs of prosecution are unauthorized; and there is no authority for prospectively awarding the costs of appeal. See Bull v. State, 548 So.2d 1103 (Fla.1989); Johnson v. State, 634 So.2d 1152 (Fla. 4th DCA 1994); Anderson v. State, 632 So.2d 132 (Fla. 4th DCA 1994); Davis v. State, 634 So.2d 287 (Fla. 1st DCA 1994); § 939.01, Fla.Stat. (1993).

CONVICTION AFFIRMED; COSTS AND FEES REVERSED.

GUNTHER and FARMER, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.