Andino v. State

David Miranda ANDINO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided June 28, 1996.

District Court of Appeal of Florida · decided 1996-06-28

Cited by 14 later decisions — most recently December 2005

14 state decisions

Relies on J.T.J.R., Inc. v. Yates

Good law ✅— No negative treatment on recordhow we know

Decided 1996-06-28

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¶1James B. Gibson, Public Defender, and S.C. Van Voorhees, Assistant Public Defender, Daytona Beach, for Appellant.

¶2No Appearance for Appellee.

¶3HARRIS, Judge.

¶4In this Anders appeal, we affirm the judgments and sentences imposed in each case, but strike the imposition of public defender's fees because the record does not establish that appellant was advised of his right to contest the amount of the fees. See Allmond v. State,668 So.2d 1120 (Fla. 5th DCA 1996). Although a separate final judgment for the public defender's fees stated that appellant may contest the amount within 30 days, that judgment does not show that a copy was served on appellant. On remand, the trial court may reconsider the imposition of the fees after compliance with Rule 3.720(d)(1), Florida Rules of Criminal Procedure.

¶5JUDGMENTS and SENTENCES AFFIRMED; PUBLIC DEFENDER'S FEES STRICKEN; and REMANDED.

¶6THOMPSON and ANTOON, JJ. concur.