DEWAYNE HOLLINGSWORTH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Costs Of Prosecution cases and more on FLexlaw
HARRIS, Chief Judge.
DeWayne Hollingsworth pled guilty to the sale or delivery of cocaine. He appeals, contending that the court erred in accepting his plea and sentencing him. We affirm his conviction and sentence except that we agree that the assessment of a $250 State Attorney’s fee is unauthorized, Smith v. State, 606 So. 2d 501 (Fla. 5th DCA 1992); Smith v. State, 606 So. 2d 427 (Fla. 1st DCA 1992), rev. denied, 618 So. 2d 211 (Fla. Mar. 3, 1993) (Table No. 80,920).
The State contends on rehearing that according to the transcript, it is apparent that the court was assessing a “cost of prosecution” under Section 939.01 Florida Statutes (1991).
There appears, therefore, to be a factual dispute as to what the sentencing judge actually intended, and we remand the issue of the disputed cost to the trial judge for resolution of the conflict. O’Neal v. State, 566 So. 2d 375 (Fla. 5th DCA 1990).
Conviction AFFIRMED; sentence AFFIRMED except as to the cost which is REMANDED for further consideration.
COBB and DIAMANTIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)…ts increased from the years 1991 to 1993. Cf. § 960.20, Fla.Stat. (1991) ($20 mandatory assessment) with § 960.20, Fla.Stat. (1993) ($50 mandatory assessment). . See also Wheeler v. State, 635 So. 2d 140 (Fla. 4th DCA 1994); Hollingsworth v. State, 622 So. 2d 129 (Fla. 5th DCA 1993); Smith v. State, 606 So. 2d 427 (Fla. 1st DCA 1992), review denied, 618 So. 2d 211 (Fla.1993). . See also Richter v. State, 597 So. 2d 413 (Fla. 4th DCA 1992); Smith v. State, 543 So. 2d 348 (Fla. 5th DCA 1989). . We are aware…
-
Poole v. State, 639 So. 2d 96 (Fla. 5th DCA 1994)…1986); T.P. v. State, 585 So. 2d 1020, 1021 (Fla. 5th DCA 1991).4 On the issue of the payment of costs imposed by the trial court, we vacate the assessment of the $250 state attorney’s fee because this fee is not authorized. Hollingsworth v. State, 622 So. 2d 129 (Fla. 5th DCA 1993); Turkaly v. State, 615 So. 2d 222 (Fla. 5th DCA 1993); Smith v. State, 606 So. 2d 501 (Fla. 5th DCA 1992). The state contends that, according to the transcript, it is apparent that the trial court was assessing a “cost of prosecu…
-
Elston Watson v. State, 662 So. 2d 969 (Fla. 1st DCA 1995)…v. State, 629 So. 2d 1070 (Fla. 1st DCA 1994). Since it is not clear how much of the $800 is attributable to the State’s attorney fees and how much is attributable to assessable investigative costs, we reverse and remand. See Hollingsworth v. State, 622 So. 2d 129 (Fla. 5th DCA 1993). We also reverse the $5 fee imposed pursuant to an “administrative order.” This fee is not specifically authorized by statute or otherwise proper. Lindsey v. Dykes, 129 [*970] Fla. 65, 175 So. 792 (1937); Reyes v. State, 655 So…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Smith v. State, 606 So. 2d 427 (Fla. 1st DCA 1992)
- O'Neal v. State, 566 So. 2d 375 (Fla. 5th DCA 1990)
- Gibson v. State, 606 So. 2d 501 (Fla. 5th DCA 1992)
- Smith v. State, 606 So. 2d 501 (Fla. 5th DCA 1992)