Legal Opinion

Agard v. State

District Court of Appeal of Florida

Decided October 27, 2006No. 2D05-3813Published

1Opinion of the Court

LaROSE, Judge.

In this appeal filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Amer Khan Agard challenges the imposition of a $12 processing fee imposed as a condition of probation. Mr. Agard preserved this issue by filing a motion to correct sentencing error under Florida Rule of Criminal Procedure 3.800(b)(2). We affirm in part and reverse in part.

In his rule 3.800(b)(2) motion, Mr. Agard asked the trial court to strike condition 59 of his probation order because the probation processing fee was neither orally pronounced by the trial court nor…

2Cases cited5 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. Powell v. StateDistrict Court of Appeal of Florida · 1996
  3. Jackson v. StateDistrict Court of Appeal of Florida · 1997
  4. Rosales v. StateDistrict Court of Appeal of Florida · 2002
  5. Williams v. StateDistrict Court of Appeal of Florida · 2005

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