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638 So. 2d 214

Docket No. 94-109.

Eckenrode v. State

James ECKENRODE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1994-07-01

Relies on Gedeon v. State

Decided 1994-07-01

¶1James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.

¶2No appearance for appellee.

¶3PER CURIAM.

¶4James Eckenrode stipulated to the assessment of $2710 in aggregate costs and public defender fees when he entered his plea of nolo contendere. However, at a later sentencing hearing and in two orders for costs and fees, the trial court imposed $2910. No proof of the higher amount was offered. Additionally the trial court ordered Eckenrode to pay $180 to First Step of Volusia County. Because we find no statutory authority or agreement by Eckenrode for imposition of this cost, it is stricken. Gedeon v. State,636 So.2d 178 (Fla. 5th DCA 1994).

¶5*215 We vacate the imposition of $2910 in costs and fees and remand with instructions to the trial court to correct the amount to $2710. The judgment and sentence is affirmed in all other respects.

¶6AFFIRMED IN PART; SENTENCE VACATED IN PART; REMANDED.

¶7GOSHORN, PETERSON and THOMPSON, JJ., concur.

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