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640 So. 2d 1199

Mitchell v. State

District Court of Appeal of Florida · decided 1994-08-03

Cited by 1 later decisions — most recently October 1995

1 state decisions

Relies on Tennie v. State · Crawford v. State · Mounts v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1994-08-03

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PER CURIAM.

¶1We affirm Appellant’s judgment and sentence in all respects except that we strike the following costs imposed in case number 92-413:

¶2(1) $2,500 public defender fees, because Appellant was not advised of his right to contest the fee. E.g., Mounts v. State, 638 So.2d 602 (Fla. 4th DCA 1994); Fontenont v. State, 631 So.2d 379 (Fla. 5th DCA 1994);

¶3(2) $200 costs of prosecution, because there was no demonstration of the amount of costs incurred. E.g. Tennie v. State, 593 So.2d 1199 (Fla. 2d DCA 1992); and

¶4(3) $100 to “FDLE OPTF,” because there is no indication of the basis for the charge. Tennie.

¶5We remand for resentencing. There is no need for Appellant to be present on resen-tencing if the above costs are not reimposed.

STONE, POLEN and PARIENTE, JJ., concur.
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