Rhodes v. State

District Court of Appeal of Florida

Rhodes v. State

683 So. 2d 640, 1996 Fla. App. LEXIS 12636, 1996 WL 685606

CourtDistrict Court of Appeal of Florida

DecidedDecember 2, 1996

DocketNo. 94-3577

StatusPublished

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This text of 683 So. 2d 640 (Rhodes 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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Rhodes v. State, 683 So. 2d 640, 1996 Fla. App. LEXIS 12636, 1996 WL 685606 (Fla. Ct. App. 1996).

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Opinion

PER CURIAM.

In this direct criminal appeal, appellant’s appointed counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Although afforded an opportunity to file a brief in proper person, appellant has elected not to do so. Having carefully reviewed the entire record, we agree that no reversible error occurred. Accordingly, we affirm appellant’s convictions and sentences. However, we remand with directions that the $2.00 cost imposed for Criminal Justice Education by Municipalities and Counties be stricken, because this was a discretionary cost pursuant to section 943.25(13), Florida Statutes (1993), and could not be imposed without affording appellant notice and an opportunity to be heard. E.g., Brooks v. State, 676 So.2d 48 (Fla. 1st DCA 1996).

AFFIRMED and REMANDED, with directions.

MINER, WEBSTER and MICKLE, JJ., concur.

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PER CURIAM.

In this direct criminal appeal, appellant’s appointed counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Although afforded an opportunity to file a brief in proper person, appellant has elected not to do so. Having carefully reviewed the entire record, we agree that no reversible error occurred. Accordingly, we affirm appellant’s convictions and sentences. However, we remand with directions that the $2.00 cost imposed for Criminal Justice Education by Municipalities and Counties be stricken, because this was a discretionary cost pursuant to section 943.25(13), Florida Statutes (1993), and could not be imposed without affording appellant notice and an opportunity to be heard. E.g., Brooks v. State, 676 So.2d 48 (Fla. 1st DCA 1996).

AFFIRMED and REMANDED, with directions.

MINER, WEBSTER and MICKLE, JJ., concur.

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683 So. 2d 640, 1996 Fla. App. LEXIS 12636, 1996 WL 685606, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rhodes-v-state-fladistctapp-1996.

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