ALVIN MCLEOD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court vacated the sentence because the trial judge improperly assessed First Step costs and attorney fees against the appellant without proper notice and hearing.
A trial court must vacate a sentence that improperly assesses First Step costs and attorney fees without first providing notice and a hearing on entitlement and amount.
[1] A trial court must provide notice and a hearing before assessing attorney fees against a defendant in a criminal sentence.
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Join FLexlaw to unlock all legal intelligenceAppellant was sentenced and the trial judge assessed costs for 'First Step' and attorney fees against him.…
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DAUKSCH, Judge.
This is an appeal from a sentence wherein the judge improperly assessed costs against appellant for “First Step.” That portion of the sentence must be vacated. Mittner v. State, 648 So. 2d 139 (Fla. 5th DCA 1994); Murray v. State, 647 So. 2d 313 (Fla. 5th DCA 1994); Tibero v. State, 646 So. 2d 213 (Fla. 5th DCA 1994); Avallone v. State, 646 So .2d 745 (Fla. 5th DCA 1994); Watson v. State, 641 So. 2d 432 (Fla. 5th DCA 1994); Macon v. State, 639 So. 2d 206 (Fla. 5th DCA 1994); Eckenrode v. State, 638 So. 2d 214 (Fla. 5th DCA 1994); Botts v. State, 634 So. 2d 197 (Fla. 5th DCA 1994). Additionally, the court improperly assessed attorney fees against appellant without first giving him notice of the intention to assess fees and a hearing regarding the entitlement and amount. See Burke v. State, 642 So. 2d 677 (Fla. 5th DCA 1994); Craig v. State, 643 So. 2d 50 (Fla. 5th DCA 1994); Dewitt v. State, 639 So. 2d 694 (Fla. 5th DCA 1994); Edwards v. State, 639 So. 2d 107 (Fla. 5th DCA 1994); Griffin v. State, 636 So. 2d 589 (Fla. 5th DCA 1994); Fulmore v. State, 634 So. 2d 829 (Fla. 5th DCA 1994); Lynch v. State, 632 So. 2d 710 (Fla. 5th DCA 1994); Smith v. State, 632 So. 2d 99 (Fla. 5th DCA 1994); Fontenont v. State, 631 So. 2d 379 (Fla. 5th DCA 1994); Fannin v. State, 630 So. 2d 230 (Fla. 5th DCA 1994); Duffey v. State, 629 So. 2d 1115 (Fla. 5th DCA 1994). Appellant must be properly resentenced.
SENTENCE VACATED; REMANDED.
PETERSON and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Cordell Ashford v. State, 652 So. 2d 1195 (Fla. 5th DCA 1995)…he public defender fee as required by rule 3.720(d)(1). Under Bull v. State, 548 So. 2d 1103 (Fla.1989), therefore, the $100 fee must be stricken, without prejudice to its reimposition upon compliance with rule 3.720(d)(1). See also McLeod v. State, 645 So. 2d 116 (Fla. 5th DCA 1994), Edwards v. State, 639 So. 2d 107 (Fla. 5th DCA 1994), review denied, 645 So. 2d 451 (Fla.1994); Fontenot v. State, 631 So. 2d 379 (Fla. 5th DCA 1994); Fannin v. State, 630 So. 2d 230 (Fla. 5th DCA 1994). We further note that in…
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Dumas v. State, 651 So. 2d 699 (Fla. 5th DCA 1995)…ing guidelines and no reason was given for the departure, we vacate the sentence. State v. Davis, 630 So. 2d 1059 (Fla.1994). The requirement to pay money to “First Step” is error. Fyler v. State, 645 So. 2d 108 (Fla. 5th DCA 1994); McLeod v. State, 645 So. 2d 116 (Fla. 5th DCA 1994); Sweet v. State, 644 [*700] So. 2d 176 (Fla. 5th DCA 1994); Mittner v. State, 648 So. 2d 139 (Fla. 5th DCA 1994); Tibero v. State, 646 So. 2d 213 (Fla. 5th DCA 1994); Murray v. State, 647 So. 2d 313 (Fla. 5th DCA 1994); Avallone…
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Holly v. State, 651 So. 2d 707 (Fla. 5th DCA 1995)…e, 357 So. 2d 410 (Fla.1978). This sentence raises the first appearance of “First Step” in a county in this district other than Volusia. That portion of the sentence is stricken. Fyler v. State, 645 So. 2d 108 (Fla. 5th DCA 1994); McLeod v. State, 645 So. 2d 116 (Fla. 5th DCA 1994); Sweet v. State, 644 So. 2d 176 (Fla. 5th DCA 1994); Mittner v. State, 648 So. 2d 139 (Fla. 5th DCA 1994); Tibero v. State, 646 So. 2d 213 (Fla. 5th DCA 1994); Murray v. State, 647 So. 2d 313 (Fla. 5th DCA 1994); Avallone v. Stat…
Authorities Cited (23 total)
- Tibero v. State, 646 So. 2d 213 (Fla. 5th DCA 1994)
- Goshay v. State, 646 So. 2d 213 (Fla. 1st DCA 1994)
- Botts v. State, 634 So. 2d 197 (Fla. 5th DCA 1994)
- Bunch v. Hon. Carl Markel, 642 So. 2d 677 (Fla. 5th DCA 1994)
- Craig v. State, 643 So. 2d 50 (Fla. 5th DCA 1994)
- Crawford v. State, 631 So. 2d 379 (Fla. 5th DCA 1994)
- Dewitt v. State, 639 So. 2d 694 (Fla. 5th DCA 1994)
- Kevel Watson v. State, 641 So. 2d 432 (Fla. 5th DCA 1994)
- Hernandez v. State, 638 So. 2d 214 (Fla. 4th DCA 1994)
- Eckenrode v. State, 638 So. 2d 214 (Fla. 5th DCA 1994)