Hollingsworth v. State
| Decision Date | 30 July 1993 |
| Docket Number | No. 92-2324,92-2324 |
| Citation | 622 So.2d 129 |
| Parties | 18 Fla. L. Week. D1692 DeWayne HOLLINGSWORTH, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appeal from the Circuit Court for Volusia County; John W. Watson, III, Judge.
James B. Gibson, Public Defender, and Susan A. Fagan, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Mark S. Dunn, Asst. Atty. Gen., Daytona Beach, for appellee.
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.
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Poole v. State, 92-2617
...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 cont......
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...960.20, Fla.Stat. (1993) ($50 mandatory assessment).8 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).9 See also Richter v. Sta......
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...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 st......
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Singletary v. State, 93-2077
...attorney's office for costs of prosecution. The state makes the same argument in the instant case that it made in Hollingsworth v. State, 622 So.2d 129 (Fla. 5th DCA 1993), that it is apparent that the court was assessing a "cost of prosecution" under section 939.01, Florida Statutes, rathe......