Channing Madison v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2011 CHANNING JAMES MADISON, Appellant, v. CASE NO. 5D10-2591 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed April 8, 2011 Appeal from the Circuit Court for Orange County, Roger J. McDonald, Judge. James S. Purdy, Public Defender, and Rebecca M. Becker, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Channing James Madison appeals an order requiring him to pay $1,400 for competency evaluations ordered by the court. The State correctly acknowledges that this cost should not have been assessed against Madison. See § 916.115, Fla. Stat. (2010); also cf. W.Z. v. State, 35 So. 3d 51 (Fla. 5th DCA 2010). Accordingly, we reverse with directions that the trial court strike that portion of its order assessing these costs against Madison. REVERSED AND REMANDED WITH DIRECTIONS. SAWAYA, LAWSON, and JACOBUS, JJ., concur. 2

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