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Thomas v. State

District Court of Appeal of Florida, First District
Feb 28, 1996
668 So. 2d 344 (Fla. Dist. Ct. App. 1996)

Opinion

No. 95-854.

February 28, 1996.

An appeal from the Circuit Court for Clay County; Peter Dearing, Judge.

Nancy A. Daniels, Public Defender; Fred Parker Bingham, II, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Jean-Jacques A. Darius, Assistant Attorney General, Tallahassee, for Appellee.


Tommy A. Thomas's conviction for sale and delivery of a controlled substance is affirmed without discussion. Tingley v. State, 549 So.2d 649, 651 (Fla. 1989); Miller v. State, 389 So.2d 1210, 1211-12 (Fla. 1st DCA 1980). However, we strike the requirement that Thomas pay $27.50 in court costs because there is no reference to statutory authority to support this cost award or explanation in the record as to what this cost represents. Pollock v. State, 666 So.2d 1016 (Fla. 1st DCA 1996); Bradshaw v. State, 638 So.2d 1024 (Fla. 1st DCA 1994). Moreover, the imposition of a public defender's fee must be reversed because Thomas did not have an opportunity to contest the amount thereof Stewart v. State, 645 So.2d 580 (Fla. 1st DCA 1994). On remand, the trial court may reimpose these costs and fees so long as these requirements are met.

BOOTH, BENTON and VAN NORTWICK, JJ., concur.


Summaries of

Thomas v. State

District Court of Appeal of Florida, First District
Feb 28, 1996
668 So. 2d 344 (Fla. Dist. Ct. App. 1996)
Case details for

Thomas v. State

Case Details

Full title:TOMMY A. THOMAS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Feb 28, 1996

Citations

668 So. 2d 344 (Fla. Dist. Ct. App. 1996)