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432 So. 2d 765

Docket No. 82-1351.

Drumm v. State

Douglas DRUMM, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1983-06-10

Cited by 8 later decisions — most recently March 1985

8 state decisions

Relies on 417 So. 2d 263 - State v. Casper · State v. Cruz · 415 So. 2d 49 - Anderson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1983-06-10

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¶1Jerry Hill, Public Defender, Bartow, and Robert F. Moeller, Asst. Public Defender, Tampa, for appellant.

¶2Jim Smith, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.

¶3PER CURIAM.

¶4Upon review of the record, we find no reversible error and affirm appellant's conviction. See State v. Cruz,426 So.2d 1308 (Fla. 2d DCA 1983); contra, State v. Casper,417 So.2d 263 (Fla. 1st DCA 1982). Appellant was assessed $300 in attorney's fees and costs for his representation by the public defender. Costs can properly be recovered from an insolvent defendant. Anderson v. State,415 So.2d 49 (Fla. 2d DCA 1982). The record, however, reflects that the court entered its order without the notice and hearing required by section 27.56(7), Florida Statutes (1981). Gaylord v. State,413 So.2d 72 (Fla. 2d DCA 1982). We therefore vacate the final judgment assessing attorney's fees and costs and remand for a hearing consistent with these matters. Otherwise, the judgment and sentence are affirmed.

¶5OTT, C.J., and CAMPBELL, J., concur.

¶6SCHOONOVER, J., concurs in result only.

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