ANTWAN C. EDWARDS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed Edwards' conviction and sentence but vacated the costs and public defender lien imposed because they lacked statutory basis and proper notice, respectively.
A trial court may not impose costs without citing statutory authority or impose a public defender lien without providing the defendant notice and an opportunity to contest the amount.
[1] A trial court may not impose costs without citing the statutory authority supporting the awards.
[2] A public defender lien may not be imposed without providing the defendant notice of intent to seek the lien and an opportunity to contest its amount.
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Join FLexlaw to unlock all legal intelligenceAntwan Edwards was convicted and sentenced. The trial court imposed costs including a 4-percent surcharge and a public defender lien.…
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PER CURIAM.
In this direct criminal appeal, the public defender has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Although afforded an opportunity to do so, appellant has elected not to file a brief in proper person. Having reviewed the entire record, we agree that no reversible error occurred. Accordingly, we affirm appellant’s conviction and sentence. However, we vacate the costs imposed (including a 4-percent surcharge) because no statutory basis for them is recited. E.g., McCray v. State, 665 So. 2d 384 (Fla. 1st DCA 1996); Wright v. State, 654 So. 2d 252 (Fla. 1st DCA 1995). We also vacate the public defender lien imposed, because appellant was not afforded notice of intent to seek such a lien, or an opportunity to contest its amount. E.g., Bryant v. State, 661 So. 2d 1315 (Fla. 1st DCA 1995); L.A.D. v. State, 616 So. 2d 106 (Fla. 1st DCA), review denied, 624 So. 2d 268 (Fla.1993). On remand, the trial court may again impose costs, provided that it cites the statutory authority supporting the awards; and may again impose a public defender lien, provided that appellant is given notice and an opportunity to contest its amount.
AFFIRMED and REMANDED, with directions.
ERVIN, WEBSTER and LAWRENCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- In the Interest of L.A.D. v. State, 616 So. 2d 106 (Fla. 1st DCA 1993)
- Bryant v. State, 661 So. 2d 1315 (Fla. 1st DCA 1995)
- Mallory Wright v. State, 654 So. 2d 252 (Fla. 1st DCA 1995)
- McCRAY v. State, 665 So. 2d 384 (Fla. 1st DCA 1996)