Michael Smith v. State of Florida

Michael Smith appeals his conviction and sentence for attempted aggravated *907battery. Although the trial court reduced Smith’s charge from aggravated battery to attempted aggravated battery, Smith argues that, at most, the state was only able to prove the elements of a simple misdemeanor battery. Second, Smith contends the trial court erred in imposing a public defender fee without mentioning the imposition at the sentencing hearing or advising Smith that he could contest the amount. We agree on both points and reverse.

Smith choked the victim and robbed him of his wallet. According to the…