STEVEN ELLIS
v.
STATE OF FLORIDA

Fla. 5th DCA | 2022-10-14
No. 21-1028
Baxley, J., Edwards, J., Eisnaugle, J., Harris, J.
Florida District Court of Appeal, Fifth District (2022)

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Holding

The judgment and sentence are affirmed, but the case is remanded to reduce the public defender fee to $100 as mandated by Florida Statute § 938.29(1).


Headnotes

[1] A public defender fee assessed in a criminal case must not exceed $100 as required by Florida Statute § 938.29(1).

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Facts & Procedural History

Steven Ellis was convicted in Lake County Circuit Court and appealed his judgment and sentence. The public defender fee assessed in the case exceeded …

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Opinion of the Court
Harris

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

STEVEN ELLIS,

Appellant,

v. Case No. 5D21-1028 LT Case No. 2019-CF-002099

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed October 14, 2022

Appeal from the Circuit Court for Lake County, James R. Baxley, Judge.

Matthew J. Metz, Public Defender, and Ali L. Hansen, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

2 In this Anders1 appeal, we affirm Appellant’s judgment and sentence. However, we remand with instructions to enter an amended judgment reducing the public defender fee to $100. See § 938.29(1), Fla. Stat. (2021). AFFIRMED; REMANDED WITH INSTRUCTIONS. EDWARDS, EISNAUGLE and HARRIS, JJ., concur.

Footnotes
1 Anders v. California, 386 U.S. 738 (1967).

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