ROBERT HUGHES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a discretionary cost and attorney's fees assessed without notice were improper and must be addressed on remand.
Robert Hughes appealed his conviction and sentence for violation of probation after his appellate counsel filed an Anders brief. The trial court asses…
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PER CURIAM.
Appellate counsel for Robert Hughes filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). After an independent review of the record and the law, we see no error affecting Hughes’ conviction and sentence for violation of probation. However, we strike one cost imposed by the trial court and remand for Hughes to have an opportunity to file a written objection to the attorney’s fees assessed.
First, a cost of $2 was assessed pursuant to section 943.25(13), Florida Statutes (1993). This cost is discretionary, and since the trial court failed to give Hughes notice of this cost, this cost must be stricken. See Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995).
Second, Hughes was assessed attorney’s fees without being given notice of his right to contest the amount of the fee. See Drinnon v. State, 598 So. 2d 229 (Fla. 2d DCA 1992). On remand, Hughes should have 30 days from the date of the mandate to file a written objection to the fee assessed. If an objection is filed, the assessment should be stricken, and a new assessment may be imposed in accordance with Florida Rule of Criminal Procedure 3.720(d)(1).
Accordingly, we affirm the judgment and sentence, but strike one cost assessed and remand for Hughes to have an opportunity to file a written objection to the attorney’s fees assessed.
DANAHY, A.C.J., and ALTENBERND and WHATLEY, JJ., concur.
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Howard v. State, 674 So. 2d 187 (Fla. 2d DCA 1996)…s error only in the assessment of the public defender lien. We affirm in all other respects. Howard was improperly assessed a $500 public defender lien without being given notice of his right to contest the amount of the lien. See Hughes v. State, 658 So. 2d 174 (Fla. 2d DCA 1995). On remand, Howard should have 30 days from the date of the mandate to file a written objection to the lien assessed. If an objection is filed, the assessment should be stricken, and a new assessment may be imposed in accordance w…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- Drinnon v. State, 598 So. 2d 229 (Fla. 2d DCA 1992)