Dill v. State, 96-1086

• Decision Date: 16 August 1996
• Docket Number: No. 96-1086,96-1086
• Citation: 678 So.2d 483
• Court: Florida District Court of Appeals
• Parties: 21 Fla. L. Weekly D1878 John David DILL, Appellant, v. STATE of Florida, Appellee.

Page 483

678 So.2d 483

21 Fla. L. Weekly D1878

John David DILL, Appellant, v. STATE of Florida, Appellee.

No. 96-1086.

District Court of Appeal of Florida, Fifth District.

Aug. 16, 1996.

Appeal from the Circuit Court for Seminole County; Wallace H. Hall, Judge.

James B. Gibson, Public Defender, and Anne Moorman Reeves, Assistant Public Defender, Daytona Beach, for Appellant.

No Appearance for Appellee.

PER CURIAM.

In this Anders ¹ appeal, we affirm the judgments and sentences, but strike the imposition of the public defender's fee because the record does not establish that appellant was advised of his right to contest the amount of the fee. See Allmond v. State, 668 So.2d 1120 (Fla. 5th DCA 1996). Although a separate final judgment for the fee advised appellant of the right to object within thirty days, the judgment does not show that a copy was served on appellant. Andino v. State, 676 So.2d 493 (Fla. 5th DCA 1996). On remand, the trial court may reconsider the imposition of the fee after compliance with Florida Rule of Criminal Procedure 3.720(d)(1).

JUDGMENTS and SENTENCES AFFIRMED; PUBLIC DEFENDER'S FEE STRICKEN; REMANDED.

COBB, GRIFFIN and THOMPSON, JJ., concur.

1 Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).