REGINA M. DYKES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court struck invalid Bay County Work Program fees imposed on the appellant, following its recent holding in Blanchette that such fees exceeded statutory authorization under section 948.09(1).
Bay County Work Program fees that exceed the assessment allowed by section 948.09(1), Florida Statutes, must be struck even without withdrawal of the defendant's nolo contendere plea.
[1] Work program fees exceeding the statutory assessment authorized by section 948.09(1), Florida Statutes, are invalid and must be struck without requiring withdrawal of a n…
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Join FLexlaw to unlock all legal intelligenceRegina Dykes was assessed fees in connection with the Bay County Work Program as part of her criminal sentence.…
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PER CURIAM.
In a brief filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), the appellant challenges the legality of fees imposed in connection with the Bay County Work Program. We recently held such fees invalid. See Blanchette v. State, 620 So. 2d 258 (Fla. 1st DCA 1993); Martin v. State, 618 So. 2d 737 (Fla. 1st DCA 1993).
Although the State argues that the appellant’s remedy in this case is to have her plea of nolo contendere withdrawn, in Blanchette we merely struck the work program fee because the defendant did not “expressly agree to pay any more than the assessment allowed by section 948.09(1)[, Florida Statutes (1991)].” 620 So. 2d at 260; compare, e.g. Forbert v. State, 437 So. 2d 1079 (Fla.1983) (defendant who pled guilty and agreed to imposition of a specific sentence which he mistakenly understood to be legal should have been given the opportunity to withdraw his plea when later challenging the legality of the sentence, subject to the state’s option of holding the defendant to his original plea with the sentence reduced to a legal term).
The instant case is indistinguishable from Blanchette.
Accordingly, we strike the imposition of costs related to the Bay County Work Program and certify the same question of great public importance certified in Blanchette.
ALLEN, WOLF and KAHN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Johnson v. State, 632 So. 2d 719 (Fla. 1st DCA 1994)…or Judge. Appellant challenges the legality of a sentencing provision requiring him to pay $150.00 for participating in the Bay County Work Program. We have recently held that these work program costs are without legal basis. E.g., Dykes v. State, 623 So. 2d 827 (Fla. 1st DCA 1993); Jones v. State, 622 So. 2d 1153 (Fla. 1st DCA 1993); Blanchette v. State, 620 So. 2d 258 (Fla. 1st DCA 1993); Martin v. State, 618 So. 2d 737 (Fla. 1st DCA 1993). Accordingly, we strike paragraph (13) of the sentencing order, th…
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Brown v. State, 633 So. 2d 487 (Fla. 1st DCA 1994)…or Judge. Appellant challenges the legality of a sentencing provision requiring him to pay $250.00 for participating in the Bay County Work Program. We have recently held that these work program costs are without legal basis. E.g., Dykes v. State, 623 So. 2d 827 (Fla. 1st DCA 1993); Jones v. State, 622 So. 2d 1153 (Fla. 1st DCA 1993); Blanchette v. State, 620 So. 2d 258 (Fla. 1st DCA 1993); Martin v. State, 618 So. 2d 737 (Fla. 1st DCA 1993). Accordingly, we strike paragraph (13) of the sentencing order, th…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Forbert v. State, 437 So. 2d 1079 (Fla. 1983)
- Mullings v. Barton, 620 So. 2d 258 (Fla. 1st DCA 1993)
- Smith v. State, 618 So. 2d 737 (Fla. 2d DCA 1993)
- Martin v. State, 618 So. 2d 737 (Fla. 1st DCA 1993)
- Blanchette v. State, 620 So. 2d 258 (Fla. 1st DCA 1993)