TERRY T. TOWNSEND, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in assessing public defender fees without notice and in failing to correct an illegal sentence.
Appellant challenged the denial of his motion for post-conviction relief, arguing that public defender fees were assessed without notice and that a wr…
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PER CURIAM.
Townsend appeals the summary denial of his rule 3.850 motion. The relief requested in Townsend’s motion is directed to the sentences imposed in two lower court eases, case no. 88-4349 and ease no. 89-0494. Townsend raises eight claims in his motion, only two of which have merit.
First, Townsend claims that in case no. 89-0494, the trial court erred in assessing $1,000 in public defender fees without prior notice and an opportunity to contest the fees. If Townsend’s claim is true, we agree this was error. See Smiley v. State, 590 So. 2d 1116 (Fla. 4th DCA 1991) and Buiey v. State, 583 So. 2d 384 (Fla. 1st DCA 1991). Because the trial court’s order of denial does not refute Townsend’s claim that the fees were improperly assessed, we reverse and remand on this point. On remand the trial court may again deny the relief requested and attach to its order of denial that portion of the record refuting this claim or conduct an evidentiary hearing.
Second, Townsend claims that the written sentence in case no. 89-0494 did not comport with the oral pronouncement. The oral pronouncement called for seven years in prison followed by seven years probation. The written sentence called for seven years in prison followed by three years probation. The trial court agreed with Townsend and revised the written sentence to conform to the oral pronouncement. The conformed sentence, however, is now illegal because it exceeds the ten-year statutory maximum permitted for a third degree felony under the habitual offender statute. See § 775.084(4)(a)(3), Fla.Stat. (1987); Buiey. We therefore reverse and remand for correction of that sentence within the statutory maximum.
Reversed, in part, and remanded for further proceedings. The order of denial is otherwise affirmed.
RYDER, A.C.J., and PARKER and PATTERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
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Lindquist v. State, 155 So. 3d 1193 (Fla. 2d DCA 2014)…with statutory law and due process.”). In contrast, this court has held that such challenges may be raised in a timely motion for postconviction relief under rule 3.850. See Richie v. State, 777 So. 2d 977, 978 (Fla. 2d DCA 1999); Townsend v. State, 604 So. 2d 885, 885 (Fla. 2d DCA 1992). But the time for Lindquist to file such a motion expired many years ago. See Fla. R. Crim. P. 3.850(b). Like the Fourth District in Walden, 112 So. 3d at 580, we hold that challenges to the imposition of costs and fees are…
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Lewis v. State, 629 So. 2d 1051 (Fla. 2d DCA 1993)…lved this issue in a direct appeal. We reverse. This court has recognized a right to utilize a motion for postconviction relief to challenge the lack of notice and opportunity to contest the trial court’s assessment of fees. See Townsend v. State, 604 So. 2d 885 (Fla. 2d DCA 1992). Because the trial court’s order of denial does not refute Lewis’s claim that the fees were assessed improperly, we reverse and remand this case to the trial court. On remand, the trial court (1) again may deny the relief requeste…
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Majors v. State, 645 So. 2d 1110 (Fla. 1st DCA 1994)…ount of the public defender’s lien for fees and costs). Thus, the order must be reversed and the case remanded for the trial court to attach that portion of the record which refutes this claim or to conduct an evidentiary hearing. Townsend v. State, 604 So. 2d 885 (Fla. 2d DCA 1992). AFFIRMED in part, REVERSED in part and REMANDED for further proceedings. JOANOS and MINER, JJ., concur.…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Smiley v. State, 590 So. 2d 1116 (Fla. 4th DCA 1991)
- Brown v. State, 583 So. 2d 384 (Fla. 3d DCA 1991)