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608 So. 2d 944

Evans v. State

District Court of Appeal of Florida

Decided December 4, 1992

District Court of Appeal of Florida · decided 1992-12-04

Applies FL 939 § 939.06

Relies on 603 So. 2d 15 - Evans v. State

Decided 1992-12-04

PER CURIAM.

¶1We reverse the trial court’s order which denied without a hearing the appellant’s motion to tax appellate costs after appellant prevailed in his appeal of his criminal contempt conviction. We reversed appellant’s conviction and remanded with instructions for entry of a judgment of not guilty. See Evans v. State, 603 So.2d 15 (Fla. 5th DCA 1992). Thus, pursuant to section 939.06 of the Florida Statutes (1991), appellant is entitled to recover his total appellate costs of $629.26.

¶2REVERSED and REMANDED.

DAUKSCH, COWART and DIAMANTIS, JJ., concur.
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