ROY LEE SINGLETARY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court struck a restitution requirement not imposed at sentencing, vacated costs assessed without notice, and vacated restitution and public defender's lien imposed without a hearing on defendant's ability to pay.
A trial court must provide notice and an opportunity to be heard on restitution amounts and the defendant's financial ability to pay before imposing restitution or a public defender's lien, and costs cannot be assessed without notice or opportunity to object.
[1] Restitution and public defender's liens cannot be imposed without prior notice to the defendant and a hearing on his financial resources and ability to pay.
[2] Costs assessed in a criminal case must be imposed with notice to the defendant and an opportunity to object.
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Join FLexlaw to unlock all legal intelligenceDefendant Singletary was sentenced to probation with a written order requiring restitution of $1828.60 to the Department of Labor and Employment Secur…
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ORFINGER, Judge.
We strike the requirement that defendant make restitution of $1828.60 to the Department of Labor and Employment Security which appeared in the written probation order but which was not imposed at sentencing, and which the state concedes should be stricken. We vacate the imposition of costs which were assessed without notice or an opportunity to object. Hamel v. State, 520 So. 2d 271 (Fla.1988); Mays v. State, 519 So. 2d 618 (Fla.1988); Jenkins v. State, 444 So. 2d 947 (Fla.1984); Morgan v. State, 527 So. 2d 968 (Fla. 5th DCA 1988). We also vacate that portion of the probation order requiring defendant to make restitution of $238 and imposing a public defender’s lien of $400, because defendant was entitled to a hearing on the amount of restitution to be ordered and on his financial resources and ability to pay prior to imposing the restitution requirement, Ley-ba v. State, 520 So. 2d 705 (Fla. 5th DCA 1988), and prior to the imposition of the public defender’s lien, Goodling v. State, 482 So. 2d 594 (Fla. 4th DCA 1986). On remand and after proper notice, the court may reconsider restitution (except for the stricken $1828.60), the imposition of costs and the public defender’s lien.
REMANDED.
DAUKSCH and DANIEL, JJ., concur.
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Anderson v. State, 556 So. 2d 527 (Fla. 5th DCA 1990)…he attorney fee below and remand for a noticed hearing thereon to afford the defendant the opportunity to contest the amount of that fee. REVERSED. PETERSON and GRIFFIN, JJ., concur. . There is dictum in our prior opinion of Single-tary v. State, 530 So. 2d 460 (Fla. 5th DCA 1988), which contributes to this confusion by erroneously citing to Goodling v. State, 482 So. 2d 594 (Fla. 4th DCA 1986), for the proposition that consideration of a defendant’s ability to pay should be heard prior to imposition (as o…
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McCOY v. State, 632 So. 2d 181 (Fla. 5th DCA 1994)…es and his ability to pay. See § 775.089(6), Florida Statutes (1991); Mallard v. State, 609 So. 2d 178 (Fla. 5th DCA 1992); Denmark v. State, 588 So. 2d 324 (Fla. 4th DCA 1991); Green v. State, 571 So. 2d 571 (Fla. 3d DCA 1990); Singletary v. State, 530 So. 2d 460 (Fla. 5th DCA 1988); Leyba v. State, 520 So. 2d 705 (Fla. 5th DCA 1988). See also Anderson v. State, 556 So. 2d 527 (Fla. 5th DCA 1990). Appellee additionally failed to provide any evidence of the victim’s damages at the hearing. See Green. Based o…
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Kirshner v. State, 533 So. 2d 322 (Fla. 5th DCA 1988)…lant’s contention. Costs may not be assessed without notice or an opportunity to object. Harriet v. State, 520 So. 2d 271 (Fla.1988); Mays v. State, 519 So. 2d 618 (Fla.1988); Morgan v. State, 527 So. 2d 968 (Fla. 5th DCA 1988); Singletary v. State, 530 So. 2d 460 (Fla. 5th DCA 1988). We reverse the order appealed from insofar as it summarily denied relief on the cost issue. On remand and after proper notice, the court may reconsider the imposition of costs. Except as to the issue of costs, the judgment denyi…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)
- Mays v. State, 519 So. 2d 618 (Fla. 1988)
- Harriel v. State, 520 So. 2d 271 (Fla. 1988)
- Goodling v. State, 482 So. 2d 594 (Fla. 4th DCA 1986)
- State v. Leija, 520 So. 2d 705 (Fla. 5th DCA 1988)
- Fredrick Lloyd Morgan v. State, 527 So. 2d 968 (Fla. 5th DCA 1988)
- Scott v. State, 527 So. 2d 968 (Fla. 1st DCA 1988)