Gerald Wayne Simmons v. State of Florida

We affirm without comment Appellant’s conviction and sentence for burglary of a dwelling with a dangerous weapon and dealing in'stolen property by trafficking. We accept the State’s proper concession that the trial court erred in imposing a discretionary fine, surcharge, and imposition of a $300 public defender hen. For the reasons that follow, we strike the specific fine, surcharge, and public defender lien/fée, and we remand for further proceedings.

The written judgment reflected a discretionary fee of $342.86 pursuant to section 775.083, Florida Statutes, and a $17.14 surcharge pursuant to…