LAROCCO v. STATE (2019)

District Court of Appeal of Florida, Second District.

Danny J. LAROCCO, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D18-4492

Decided: March 22, 2019

Grounds two, three, and four of the petition alleging ineffective assistance are denied. The record from petitioner's direct appeal is still on file in this court and has been consulted in addressing the petition. Ground one is granted only to the extent that the circuit court shall strike the imposition of the public defender fee without prejudice to reimpose the fee after following the proper procedures. See Newton v. State, 44 Fla. L. Weekly D126c (Fla. 2d DCA Dec. 28, 2018); Bovinqton v. State. 125 So. 3d 327, 327-28 (Fla. 1st DCA 2013). This is the only relief to which the petitioner is entitled.

BY ORDER OF THE COURT:

VILLANTI, LUCAS, and SALARIO, JJ., Concur.

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