JOHN COATES, v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JOHN COATES, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D11-2503 STATE OF FLORIDA, Appellee. ____________________________/ Opinion filed January 31, 2013. An appeal from the Circuit Court for Leon County. James C. Hankinson, Judge. John Coates, pro se, Appellant; Sheila Callahan, Assistant Regional Conflict Counsel, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Charles R. McCoy, Senior Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee. PER CURIAM. We find no error in the convictions or in the terms of the sentences imposed by the court, but we reverse for the correction of two errors in the assessment of fines, fees, and costs. The discretionary fine imposed in each of the cases in the lower tribunal and the surcharges imposed on those fines are reversed on the ground that they were imposed as a lump sum for both circuit court cases at the sentencing hearing, without an oral pronouncement of the basis therefor. See Williams v. State, 845 So. 2d 987, 989 (Fla. 1st DCA 2003); Dodson v. State, 710 So. 2d 159, 160-61 (Fla. 1st DCA 1998), quashed on other grounds, 760 So. 2d 145 (Fla. 2000); Smiley v. State, 704 So. 2d 191, 195 (Fla. 1st DCA 1997). The fee for the public defender s services is reversed on the ground that the defendant was not given notice of his right to contest the fee. See Fla. R. Crim. P. 3.720(d)(1); Vaughn v. State, 65 So. 3d 138, 139 (Fla. 1st DCA 2011); Parker v. State, 44 So. 3d 1190, 1191 (Fla. 1st DCA 2010). In all other respects, the convictions and sentences are affirmed. DAVIS, VAN NORTWICK, and PADOVANO, JJ., CONCUR. 2

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