Luther WEBSTER, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Second District.
*656 James Marion Moorman, Public Defender, and Timothy J. Ferreri, Assistant Public Defender, Tallahassee, for Appellant.
Bill McCollum, Attorney General, Tallahassee, and Sara Macks, Assistant Attorney General, Tampa, for Appellee.
KHOUZAM, Judge.
Luther Webster appeals his judgments and sentences for possession of cannabis, possession of cocaine, possession of drug paraphernalia, resisting an officer without violence, and maintaining a structure for using, keeping, or selling controlled substances. We affirm Webster's judgments and sentences without further comment, but reverse and remand because the trial court erred in imposing certain fees and costs upon him.
Webster preserved his challenge to the fees and costs by filing a motion to correct sentence pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). Because the court did not rule on the motion within sixty days, it is deemed denied. Fla. R.Crim. P. 3.800(b)(2)(B); Watts v. State,
Webster claims that the trial court erred in imposing a $150 public defender fee because he was not given an opportunity to object to the fee at sentencing. Rule 3.720(d)(1) provides that the defendant must be advised at sentencing of his right to a hearing to contest the amount of the public defender's lien. Because the court failed to inform Webster of his right to contest the amount, we reverse and direct the trial court to strike the $150 public defender fee. See McGee v. State,
Webster also challenges the $100 Florida Department of Law Enforcement criminal analysis laboratory cost imposed pursuant to section 938.25, Florida Statutes (2006). We strike this cost because the trial court failed to make the statutorily required inquiry into his ability to pay. See § 938.25, Fla. Stat. (2006). On remand, the trial court may reimpose this cost if it makes the necessary findings. See Floyd v. State,
Finally, Webster asserts that the $373 in court costs should be stricken because the record does not contain a precise citation to the statutory authority for imposition of the costs. See Sutton v. State,
Accordingly, we affirm Webster's judgments and sentences, strike the $150 public defender fee and the $100 Florida Department of Law Enforcement cost, and remand for further proceedings consistent with this opinion.
Affirmed in part, reversed in part, and remanded.
FULMER and WHATLEY, JJ., Concur.
