Legal Opinion

Phelps v. State

District Court of Appeal of Florida

Decided July 18, 1997No. 95-04458PublishedCited by 1 opinion

1Opinion of the Court

PATTERSON, Judge.

Michael Phelps appeals from his judgment and sentence for possession of cocaine and opposing an officer without violence. We find merit only in his argument that the trial court erred in imposing certain court costs and probation conditions.

Phelps correctly argues that the trial court erred in failing to cite statutory authority in assessing $255 in court costs. Therefore, we strike those costs. See Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995). The trial court also failed to inform Phelps of his right to contest the amount of his public defender fees. See Bourque v.…

2Cases cited5 opinions

  1. Reyes v. StateDistrict Court of Appeal of Florida · 1995
  2. State v. HartSupreme Court of Florida · 1996
  3. Bourque v. StateDistrict Court of Appeal of Florida · 1992
  4. Garrison v. StateDistrict Court of Appeal of Florida · 1996
  5. Wynn v. StateDistrict Court of Appeal of Florida · 1995

3Cited by1 opinion

  1. Young v. StateDistrict Court of Appeal of Florida · 1998

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