Opinion
No. 96-03237
Opinion filed May 29, 1998.
Appeal from the Circuit Court for Sarasota County; Harry M. Rapkin, Judge.
James Marion Moorman, Public Defender and Jennifer Y. Fogle and Robert H. Dickinson, Jr., Assistant Public Defenders, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee and Scott A. Browne, Assistant Attorney General, Tampa, for Appellee.
We have reviewed each of Gerardo Lazo's contentions in support of reversing the judgment and sentence stemming from his conviction for aggravated battery with a firearm. We have considered each of the four issues Lazo has urged upon us. Thus, the trial court did not err in denying Lazo's motion for judgment of acquittal, in failing to conduct a Richardson hearing, and in rejecting Lazo's challenge to comments expressed by the prosecutor. We do find error in the assessment of costs and fees.
The $2 discretionary cost must be stricken because it was not pronounced orally at sentencing. See Thompson v. State, 667 So.2d 447 (Fla. 2d DCA 1996).
The $500 public defender lien must be stricken. It is not clear from the record whether Lazo agreed to the amount of the fee, and the trial court did not advise him that he could contest the amount of the fee. See Allmond v. State, 668 So.2d 1120 (Fla. 5th DCA 1996).
Affirmed in part; remanded with instructions consistent with this opinion.
QUINCE, J. and DOYEL, ROBERT L., Associate Judge, concur.