ROBERT LEE SWINTON, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that certain probation conditions, costs, and fees improperly imposed without oral pronouncement or opportunity to be heard must be stricken or reversed.
Appellant challenged probation conditions, costs, and attorney's fees imposed by the trial court. The trial court failed to orally pronounce a specifi…
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QUINCE, Judge.
Counsel for appellant filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), which raised two possible issues. We only find merit in the argument that certain probation conditions, costs and fees were improperly imposed. The trial court failed to orally pronounce probation condition eight, which requires appellant to submit to and pay for random testing to determine the presence of alcohol or controlled substances. Although submission to testing is a general condition of probation pursuant to section 948.03(l)(j)l, Florida Statutes (1998), the unannounced portion of the condition requiring appellant to pay for said testing is a special condition that must be stricken. Malone v. State, 652 So. 2d 902 (Fla. 2d DCA 1995). We affirm all other contested probation conditions pursuant to State v. Hart, 668 So. 2d 589 (Fla.1996).
We strike a two dollar court cost and a thirty-three dollar “eost/fine” that were imposed without oral pronouncement. The court must give the defendant an opportunity to be heard before the assessment of any discretionary costs. Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995) (en banc).
Additionally, the trial court erred in its assessment of attorney’s fees. At the sentencing hearing, no exact amount of fees was determined. However, the court entered an order assessing appellant with $1600.00 in attorney’s fees. A defendant has the right to challenge the amount of attorney’s fees assessed pursuant to section 27.56, Florida Statutes (1993). Bull v. State, 548 So. 2d 1103 (Fla.1989). Therefore, we reverse the imposition of the $1600.00 assessment. On remand, the state may again assess attorney’s fees provided the appellant is given the right to object to the amount of the fees.
Conviction affirmed, assessment of attorney’s fees reversed, and certain costs and a condition of probation stricken.
THREADGILL, C.J., and SCHOONOVER, J., concur.
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Meier v. State, 912 So. 2d 1277 (Fla. 2d DCA 2005)…der fee. The State concedes that the trial court imposed this cost without the required notice to Mr. Meier of his right to a hearing to contest the amount. See § 938.29(6); Fla. R.Crim. P. 3.720(d)(1); Edwards, 814 So. 2d at 1198; Swinton v. State, 670 So. 2d 1128, 1129 (Fla. 2d DCA 1996). Affirmed in part; court facility fee and public defender fee stricken. WHATLEY and VILLANTI, JJ., Concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). . Cost issues are properly included i…
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Dunaway v. State, 681 So. 2d 741 (Fla. 2d DCA 1996)…at sentencing. See State v. Hart, 668 So. 2d 589 (Fla.1996). We strike that portion of condition (12) which requires Dunaway to pay for random drug testing. This is a special condition of probation which must be orally pronounced. Swinton v. State, 670 So. 2d 1128 (Fla. 2d DCA 1996). In all other respects the. probation order is affirmed. FRANK, A.C.J., and ALTENBERND and QUINCE, JJ., concur.…
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)
- State v. Hart, 668 So. 2d 589 (Fla. 1996)
- Bull v. State, 548 So. 2d 1103 (Fla. 1989)
- Guinn v. State, 652 So. 2d 902 (Fla. 2d DCA 1995)