10-4348 ANTRAVEIUS TYRELL BAKER, v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 10-4348

Case Date: 05/01/2012

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA ANTRAVEIUS TYRELL BAKER, Appellant, CASE NO. 1D10-4348 v. STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed May 1, 2012. An appeal from the Circuit Court for Duval County. David M. Gooding, Judge. Nancy A. Daniels, Public Defender, and Danielle Jorden, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

Amended Opinion PER CURIAM. Antraveius T. Baker challenges his judgment of conviction and sentence for trafficking in more than 200 grams but less than 400 grams of cocaine. We affirm

the conviction without comment, but we reverse certain costs imposed by the trial court and remand for a corrected sentencing order. When the trial court orally announced sentence, it did not impose an assessment for (i) the sheriff's office investigation costs, (ii) the prosecution investigative cost, and (iii) the FDLE operation trust fund. These costs, which were assessed against appellant in the written order of sentence, are therefore improper. See Pullam v. State, 55 So. 3d 674 (Fla. 1st DCA 2011). Further, because appellant was not given the opportunity to contest the public defender fee, it too was erroneously assessed. See

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