Milton v. State

District Court of Appeal of Florida

Milton v. State

685 So. 2d 81, 1996 Fla. App. LEXIS 13266, 1996 WL 729762

District Court of Appeal of Florida·Decided December 20, 1996·No. No. 96-533·Published

Opinion

PER CURIAM.

In the instant appeal filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we find no error in the judgment and sentence and therefore affirm. We, however, strike the $200 attorney fee imposed because the trial court failed to give notice of a right to a hearing to contest the amount of the fee. Brock v. State, 667 So.2d 1014 (Fla. 1st DCA 1996). On remand, the fee may be reimposed provided appellant is given notice and an opportunity to contest its amount. In all other respects the judgment and sentence are affirmed.

MINER, ALLEN and LAWRENCE, JJ., concur.

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PER CURIAM.

In the instant appeal filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we find no error in the judgment and sentence and therefore affirm. We, however, strike the $200 attorney fee imposed because the trial court failed to give notice of a right to a hearing to contest the amount of the fee. Brock v. State, 667 So.2d 1014 (Fla. 1st DCA 1996). On remand, the fee may be reimposed provided appellant is given notice and an opportunity to contest its amount. In all other respects the judgment and sentence are affirmed.

MINER, ALLEN and LAWRENCE, JJ., concur.

Milton v. State, 685 So. 2d 81, 1996 Fla. App. LEXIS 13266, 1996 WL 729762 (Fla. Ct. App. 1996).

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Opinion

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