CHRISTOPHER VANDAWALKER
v.
STATE OF FLORIDA
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Christopher Vandawalker appealed his judgment and sentences following an open plea to four drug-related charges, challenging the imposition of prosecution costs and public defender fees. The Florida District Court of Appeal, Second District reversed the $100 prosecution cost and $100 public defender fee, finding they were imposed without proper statutory authority and procedural notice, while affirming the judgment and sentences in all other respects.
The court reversed the imposition of both the $100 prosecution cost and the $100 public defender fee. The prosecution cost was reversed because section 938.27(1) requires that costs be requested, and no such request appears in the record. The public defender fee was reversed because the trial court failed to notify Vandawalker of his right to a hearing to contest the fee, and remanded for the trial court to provide proper notice and opportunity for a hearing before reimposing any fee.
[1] A trial court must notify a defendant of their right to a hearing to contest the amount of a public defender's lien at the time of sentencing.
[2] A public defender's lien imposed without proper notice of the right to contest its amount at sentencing must be stricken without prejudice.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The plain language of section 938.27(1), Florida Statutes (2018), requires that prosecution costs be requested. Since the record contains no such request, we reverse the imposition of the cost of prosecution.”
Establishes the statutory requirement for requesting prosecution costs and the basis for reversing the $100 prosecution cost.
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Join FLexlaw to unlock all legal intelligenceVandawalker entered an open plea to four drug-related charges. As a condition of probation, the trial court ordered him to pay $100 for prosecution co…
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SLEET, Judge. Christopher Vandawalker appeals his judgment and sentences after entering an open plea to four drug-related charges. We reverse the trial court's imposition of a $100 prosecution cost and $100 public defender fee and remand for
- 2 - entry of a corrected fee order.
We affirm Vandawalker's judgment and sentences in all other respects. As a condition of probation, the trial court ordered Vandawalker to pay $100 for the costs of prosecution and $100 for the services of the Office of the Public Defender. During the pendency of this appeal, Vandawalker filed a motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2), arguing (1) that costs were mentioned without statutory authority and without telling Vandawalker that he had the right to a hearing and (2) that fees were imposed without any supporting affidavits or notice of a right to a hearing. Since the trial court did not rule on the motion within sixty days, it is deemed denied. See Fla. R. Crim. P. 3.800(b)(2)(B). The plain language of section 938.27(1), Florida Statutes (2018), requires that prosecution costs be requested. Since the record contains no such request, we reverse the imposition of the cost of prosecution. See Davis v. State, 286 So. 3d 898, 899 (Fla. 2d DCA 2019). The cost may not be reimposed on remand. See id.
Furthermore, when imposing a public defender fee, a trial court must first give a defendant notice of his right to a hearing. Newton v. State, 262 So. 3d 849, 849-50 (Fla. 2d DCA 2018). Here, the trial court failed to notify Vandawalker of his right to a hearing to contest the $100 public defender fee imposed at sentencing. We therefore reverse this fee and remand for the trial court to enter a corrected fee order only after Vandawalker has been given an opportunity to contest the fee.
Affirmed in part, reversed in part, and remanded. SMITH, J., Concurs. CASANUEVA, J., Concurs in result only.
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Jourdan Daniel Parks v. State, 411 So. 3d 414 (Fla. 2025)
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D. L. J. v. State, 46 Fla. L. Weekly S157 (Fla. 2d DCA 2021)…that only the listed agencies, not the State Attorney's Office (SAO), must make an express request, but our court has held that the requirement applies to the SAO as well. See Vandawalker v. State, 310 So. 3d 483 (Fla. 2d DCA 2020); Davis v. State, 286 So. 3d 898, 899 (Fla. 2d DCA 2019); Mercado v. State, 304 So. 3d 786 (Fla. 2d DCA 2018). Thus, this cost was imposed in error and must be stricken. Last, D.L.J. complains that his $115 Crimes Compensation Trust Fund (CCTF) fee exceeds the statutory maximum.…
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Vandawalker v. State, 286 So. 3d 898 (Fla. 2d DCA 2020)…P. 3.800(b)(2)(B). The plain language of section 938.27(1), Florida Statutes (2018), requires that prosecution costs be requested. Since the record contains no such request, we reverse the imposition of the cost of prosecution. See Davis v. State, 286 So. 3d 898, 899 (Fla. 2d DCA 2019). The cost may not be reimposed on remand. See id. Furthermore, when imposing a public defender fee, a trial court must first give a defendant notice of his right to a hearing. Newton v. State, 262 So. 3d 849, 849-50 (Fla.…
Authorities Cited
- Newton v. State, 262 So. 3d 849 (Fla. 2d DCA 2018)
- Vandawalker v. State, 286 So. 3d 898 (Fla. 2d DCA 2020)