WAYNE ANTHONY BOURQUE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed robbery conviction but remanded for resentencing on attorney's fees because trial court failed to provide defendant opportunity to object to the fee assessment.
A trial court must afford a defendant notice and opportunity to be heard before assessing public defender fees under section 27.56(1)(a), Florida Statutes.
[1] A trial court must provide a defendant with notice and an opportunity to be heard before assessing public defender fees under section 27.56(1)(a), Florida Statutes, even…
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Join FLexlaw to unlock all legal intelligence“the trial court did not advise him of his right to a hearing to contest the proposed amount pursuant to Florida Rule of Criminal Procedure 3.720(d)(1)”
Court explaining the procedural defect in the fee assessment
Bourque was convicted of robbery with a firearm. At sentencing, the public defender reported 37.25 hours of work, and the trial court assessed a fee o…
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ALTENBERND, Judge.
Mr. Bourque appeals his conviction and sentence for robbery with a firearm, specifically challenging certain conditions of his probation. We affirm his conviction and sentence without discussion. We remand this matter on the issue of the attorney’s fee assessed pursuant to section 27.56(l)(a), Florida Statutes (1989), because the fee was assessed without affording the defendant an opportunity to object to the amount of the assessment.
At the conclusion of the sentencing hearing, the public defender stated that he had expended 37.25 hours on this case. The trial court assessed a fee of $1,840 — an amount which is slightly less than $50 per hour. The estimate of time and the hourly rate both appear to be reasonable from the record before this court. The defendant does not argue that the amount assessed is unreasonable. Nevertheless, he correctly observes that the trial court did not advise him of his right to a hearing to contest the proposed amount pursuant to Florida Rule of Criminal Procedure 3.720(d)(1). See Bull v. State, 548 So. 2d 1103 (Fla.1989). On remand, Mr. Bourque shall have thirty days from the date of the mandate within which to file a written objection to the amount assessed. If an objection is filed with the trial court, the assessment shall be stricken and a new assessment shall not be imposed without notice and hearing pursuant to rule 3.720(d)(1).
Affirmed and remanded with instructions.
RYDER, A.C.J., and CAMPBELL, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (67 total)
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Trice v. State, 655 So. 2d 1270 (Fla. 2d DCA 1995)…ffording him the opportunity to object to the amount of the assessment. See Wilson v. State, 651 So. 2d 1302 (Fla. 2d DCA 1995); Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995); Farmer v. State, 617 So. 2d 447 (Fla. 2d DCA 1993); Bourque v. State, 595 So. 2d 222 (Fla. 2d DCA 1992). On remand, Mr. Trice shall have thirty days from the date of the mandate within which to file a written objection to the amount assessed. If an objection is filed with the trial court, the assessment shall be stricken and a new a…
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Bruno v. State, 960 So. 2d 907 (Fla. 2d DCA 2007)…ion in the trial court. To avoid reversing similar attorneys' fees assessments in that period, this court would affirm the assessment subject, to the defendant’s, right to object to the assessment within thirty days of mandate. See Bourque v. State, 595 So. 2d 222 (Fla. 2d DCA 1992). As this case demonstrates, the Bourque procedure became obsolete when defendants could make their objection to such assessments during the pendency of the appeal by filing a rule 3.800(b)(2) motion.…
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Armstrong v. State, 696 So. 2d 913 (Fla. 2d DCA 1997)…written objection to the amount of the lien. If she files an objection, the lower court must strike the lien, and it may not impose a new assessment without notice and a hearing. Trice v. State, 655 So. 2d 1270 (Fla. 2d DCA 1995); Bourque v. State, 595 So. 2d 222 (Fla. 2d DCA 1992). Conviction affirmed, costs stricken, remanded for further proceedings concerning the imposition of costs and the public defender’s fee. DANAHY, A.C.J., and THREADGILL, J., concur.…
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- Bull v. State, 548 So. 2d 1103 (Fla. 1989)