LESTER LEE JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the conviction and sentence for possession of cocaine, reversed the conviction and sentence for possession of paraphernalia, and reversed the special public defender fee.
Appellant was convicted of possession of cocaine and possession of paraphernalia. Appellant also challenged the scoring for the sentence imposed and t…
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PER CURIAM.
This is an appeal from a conviction for possession of cocaine (Count I) and possession of paraphernalia (Count II), from the scoring for the sentence imposed as to Count I and from the assessment of a special public defender fee. We affirm the conviction and sentence for possession of cocaine, reverse the conviction and sentence for possession of paraphernalia with direction to vacate same, and reverse the special public defender fee with remand for a noticed hearing.
As to the charge of possessing paraphernalia, the trial court improperly denied appellant’s motion for judgment of acquittal as the state failed to make a prima facie case. See Wallace v. State, 553 So. 2d 777 (Fla. 4th DCA 1989).
With respect to the public defender fee, the same may not be imposed without notice and the opportunity for meaningful consideration. Cathcart v. State, 643 So. 2d 702, 703 (Fla. 4th DCA 1994), rev. denied, 651 So. 2d 1192 (Fla.1995); Mounts v. State, 638 So. 2d 602 (Fla. 4th DCA 1994). In this ease, the sentencing hearing transcript does not reflect that the trial court gave appellant notice of the right to contest the amount of the lien. On remand, the trial court should not reduce the public defender fee amount by the amount of court costs imposed pursuant to section 27.3455(1), Florida Statutes (1993). Section 27.56(l)(a), Florida Statutes (1993), provides in pertinent part: “Any cost assessed pursuant to this paragraph shall be reduced by any amount assessed against a defendant pursuant to s. 27.3455.” The legislature has specifically distinguished “attorney’s fees” and “costs.” See McDonald v. State, 631 So. 2d 1137 (Fla. 4th DCA 1994); Grate v. State, 623 So. 2d 591, 593 (Fla. 5th DCA 1993).
GLICKSTEIN, KLEIN and STEVENSON, JJ., concur.
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Reese v. State, 678 So. 2d 893 (Fla. 4th DCA 1996)…ssistance of a special public defender. See McDonald v. State, 631 So. 2d 1137, 1137 (Fla. 4th DCA 1994). A public defender fee, however, “may not be imposed without notice and the opportunity for meaningful consideration.” John [*895] son v. State, 655 So. 2d 238, 238 (Fla. 4th DCA), dismissed, 660 So. 2d 713 (Fla.1995). Section 27.56(7), Florida Statutes (1995), specifically provides that at the time the trial court determines the amount of fees, the defendant: after adequate notice thereof, shall have opp…
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LEE v. State, 710 So. 2d 1050 (Fla. 1st DCA 1998)…ary terms imposed after appellant’s successful appeal to be impermis-sibly harsher than the original sentences, we do conclude that the imposition of restitution for the first time on remand constituted a prohibited enhancement. Sqe Brooks v. State, 655 So. 2d 238 (Fla. 1st DCA 1995); Jones v. State, 590 So. 2d 1061 (Fla. 4th DCA 1991); Abt v. State, 581 So. 2d 1001 (Fla. 4th DCA 1991); Morganti v. State, 573 So. 2d 820 (Fla.1991). We therefore reverse the imposition of restitution and remand with instruction…
Authorities Cited
- Denson Emory Grate v. State, 623 So. 2d 591 (Fla. 5th DCA 1993)
- Cathcart v. State, 643 So. 2d 702 (Fla. 4th DCA 1994)
- Mounts v. State, 638 So. 2d 602 (Fla. 4th DCA 1994)
- Wallace v. State, 553 So. 2d 777 (Fla. 4th DCA 1989)
- McDONALD v. State, 631 So. 2d 1137 (Fla. 4th DCA 1994)