D. A. W.
v.
STATE OF FLORIDA
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D.A.W., a juvenile, appealed his adjudication of delinquency for carrying a concealed firearm and minor in possession of a firearm. The court affirmed the adjudication but reversed and remanded regarding the public defender's fee, which was imposed without providing notice of the right to contest it as required by Newton v. State.
The public defender's fee was improperly imposed because D.A.W. was not given notice of his right to a hearing to contest it. The court affirms the adjudication of delinquency but reverses the imposition of the fee and remands for the trial court to reimpose it only after providing adequate notice and opportunity to be heard.
[1] A public defender's fee imposed at sentencing without notice of the defendant's right to a hearing to contest the fee must be reversed and remanded for further proceeding…
[2] A motion filed pursuant to Florida Rule of Juvenile Procedure 8.135(b)(2) is deemed denied if no order is filed within 30 days.
Previewing 2 of 4 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 trial court to give the defendant notice of his or her right to a hearing to contest the fee when pronouncing its imposition at sentencing”
States the core requirement from Newton v. State that was violated in this case
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Join FLexlaw to unlock all legal intelligenceD.A.W. was adjudicated delinquent on one count of carrying a concealed firearm and one count of minor in possession of a firearm. At sentencing, the t…
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KHOUZAM, Chief Judge.
In this appeal filed pursuant to Anders v. California, 386 U.S. 738 (1967), D.A.W. challenges an order adjudicating him delinquent with respect to one count of carrying a concealed firearm and one count of minor in possession of a firearm.
We affirm the disposition but remand to correct a preserved sentencing error. - 2 - While this appeal was pending, D.A.W. filed in the trial court a motion pursuant to Florida Rule of Juvenile Procedure 8.135(b)(2), asserting that the public defender's fee had been imposed in violation of Newton v. State, 262 So. 3d 849, 849-50 (Fla. 2d DCA 2018), which requires the trial court to give the defendant notice of his or her right to a hearing to contest the fee when pronouncing its imposition at sentencing. The State filed a response below, conceding the error and joining D.A.W. in asking the court to grant the motion. The motion was never ruled upon and is thus deemed denied. See Fla. R. Juv. P. 8.135(b)(2)(B) (requiring that such motions be resolved in accordance with subdivision (b)(1)(B), which provides that where "no order is filed within 30 days, the motion shall be deemed denied").
Because the public defender's fee was imposed without giving D.A.W. notice of his right to a hearing to contest it as required by our decision in Newton, we reverse the imposition of the public defender's fee and remand for further proceedings. On remand, the court shall reimpose the fee, but only after providing D.A.W. with adequate notice and opportunity to be heard. We again certify conflict with the First District's decision in Mills v. State, 177 So. 3d 984 (Fla. 1st DCA 2015), and the Fourth District's decision in Alexis v. State, 211 So. 3d 81 (Fla. 4th DCA 2017).
See A.C. v. State, 45 Fla.
L. Weekly D2784a (Fla. 2d DCA Dec. 11, 2020).
Reversed and remanded; conflict certified. LUCAS and ROTHSTEIN-YOUAKIM, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Mills v. State, 177 So. 3d 984 (Fla. 1st DCA 2015)
- Geraldo Alexis v. State, 211 So. 3d 81 (Fla. 4th DCA 2017)
- Newton v. State, 262 So. 3d 849 (Fla. 2d DCA 2018)