ROY GEARY
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A trial court must provide notice and an opportunity to be heard before imposing a public defender fee under Florida Statutes sections 938.29(1) and 27.52.
[1] A trial court must provide a defendant with notice and an opportunity to be heard before imposing a public defender fee under Florida Statutes sections 938.29(1) and 27.5…
Previewing 1 of 1 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“Mr. Geary was not afforded notice and an opportunity to be heard as required before imposition of that fee.”
Court's explanation for reversing the public defender fee portion of the sentence
Roy Geary admitted to violating his probation by possessing methamphetamine and drug paraphernalia. The trial court revoked his probation and sentence…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Possession Of Methamphetamine cases and more on FLexlaw
Appeal from the Circuit Court for Polk County; Mark F. Carpanini, Judge. Howard L. Dimmig, II, Public Defender, and Clark E. Green, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Katie Salemi Ashby, Assistant Attorney General, Tampa, for Appellee. CASE, JAMES R., Associate Senior Judge. In this appeal, Roy Geary challenges the revocation of his probation and resulting sentences. He admitted to the violations, and the trial court revoked probation and sentenced him to concurrent, 364-day jail sentences for possession of methamphetamine and possession of drug paraphernalia, with the balance to be
- 2 - suspended upon the successful completion of an in-house treatment program.
We find no error with the revocation or the terms of the resulting sentences, and we affirm in those respects without further comment.
We reverse only that portion of the fee order entered as part of his sentence that imposed a public defender fee of $100 pursuant to sections 938.29(1) and 27.52, Florida Statutes (2018), because Mr. Geary was not afforded notice and an opportunity to be heard as required before imposition of that fee. See Newton v. State, 262 So. 3d 849, 849-50 (Fla. 2d DCA 2018). On remand, the trial court may reimpose the fee according to the statute upon proper notice and opportunity to be heard. See Gaudet v. State, 45 Fla.
L. Weekly D1447 (Fla. 2d DCA June 17, 2020); see also Fla. R. Crim. P. 3.720(d)(1); Newton, 262 So. 3d at 850.
Affirmed in part; reversed in part; remanded. VILLANTI and LUCAS, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Geary v. State, 45 Fla. L. Weekly D1447 (Fla. 2d DCA 2020)
Authorities Cited
- Newton v. State, 262 So. 3d 849 (Fla. 2d DCA 2018)
- Geary v. State, 45 Fla. L. Weekly D1447 (Fla. 2d DCA 2020)