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STATE v. PEEK

No. 83-129.

441 So.2d 158 (1983)

STATE of Florida, Appellant, v. Anthony Ray PEEK, Appellee.

District Court of Appeal of Florida, Second District.

As Corrected on Denial of Rehearing November 14, 1983.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, Robert J. Landry, Asst. Atty. Gen., Tampa, and Michael J. Minerva, General Counsel, Tallahassee, for appellant.

Edward S. Stafman, Tallahassee, for appellee.

OTT, Chief Judge.

The trial court awarded appellee's attorney $1,898.11 for various costs incurred in representing appellee before the Executive Clemency Board. This cost award was in addition to a fee award of $1,000.00. In appealing, the state contends that the cost award exceeds the maximum sum allowed by law.

Section 925.035(4), Florida Statutes (1981), provides as follows:

(4) If the death sentence is imposed and is affirmed on appeal to the...

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