JEREMY GILCHRIST, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Jeremy Gilchrist appealed his sentences for robbery, robbery with a firearm, and burglary of a dwelling. The appellate court found no reversible error in the convictions or sentences themselves, but struck certain probation conditions, costs, and fees that were not properly orally pronounced at sentencing.
General probation conditions (conditions 4, 7, and the drug/alcohol testing portion of condition 12) do not require oral pronouncement. However, the special condition requiring Gilchrist to pay for testing was struck because it was not announced at sentencing. The $2 discretionary cost was struck because it was not orally pronounced. The $1,000 public defender fee was reversed without prejudice because it lacked a basis in the record (no hourly rate or time documented) and Gilchrist had no prior notice of the amount or his right to contest it.
[1] General conditions of probation need not be orally pronounced at sentencing.
[2] A special condition of probation requiring payment for drug and alcohol testing is invalid if not orally pronounced at sentencing.
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Join FLexlaw to unlock all legal intelligence“The portion of condition 12 requiring Gilchrist to pay for the testing is not contained in section 948.03(l)(k)l and is a special condition of probation. Because the trial court did not announce the payment requirement, we strike that portion of condition 12.”
Establishes that special probation conditions must be orally announced at sentencing, distinguishing them from general conditions
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Join FLexlaw to unlock all legal intelligenceJeremy Gilchrist was convicted of two counts of robbery, robbery with a firearm, and burglary of a dwelling. At sentencing, the trial court imposed va…
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PATTERSON, Judge.
Jeremy Gilchrist appeals, by Anders1 brief, from his sentences for two counts of robbery, robbery with a firearm, and burglary of a dwelling. After an independent review of the record and the law, we agree with the public defender that no reversible error occurred except in the imposition of probation conditions, costs, and fees.
With respect to probation conditions, conditions 4 and 7 are general conditions contained in the form order of probation and need not be orally pronounced. See State v. Hart, 668 So. 2d 589 (Fla.1996). The portion of condition 12 providing for random drug and alcohol testing is also a general condition of probation and need not be orally pronounced. See § 948.03(l)(k)l, Fla.Stat. (Supp.1994); Malone v. State, 652 So. 2d 902 (Fla. 2d DCA 1995). The portion of condition 12 requiring Gilchrist to pay for the testing is not contained in section 948.03(l)(k)l and is a special condition of probation. Because the trial court did not announce the payment requirement, we strike that portion of condition 12. See Malone, 652 So. 2d at 904.
We also strike the $2 discretionary cost imposed under section 943.25(13), Florida Statutes (1993), because it was not orally pronounced at sentencing. See Buchy v. State, 664 So. 2d 1064 (Fla. 2d DCA 1995).
The trial court entered judgment for a $1,000 public defender fee. See § 27.56, Fla.Stat. (1993). As defense counsel argues, the record contains no basis for the $1,000 fee — nothing reveals the hourly rate or time spent on the case. See Hankerson v. State, 464 So. 2d 700 (Fla. 2d DCA 1985) (attorney’s fees must be based on estimated or actual costs, not arbitrarily imposed). In addition, Gilchrist had no prior notice of the amount of attorney’s fees or notice at sentencing of his right to contest the fees; thus, we reverse the award of attorney’s fees without prejudice to reimpose them in compliance with Florida Rule of Criminal Procedure 3.720(d)(1). See Farmer v. State, 617 So. 2d 447 (Fla. 2d DCA 1993); Jones v. State, 623 So. 2d 627 (Fla. 5th DCA 1993).
Affirmed in part, reversed in part.
CAMPBELL, A.C.J., and QUINCE, J., concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
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Frey v. State, 679 So. 2d 37 (Fla. 2d DCA 1996)…n is imposed; therefore, oral pronouncement is not required. [*39] The condition of probation numbered (10) is also a general condition of probation and need not be orally pronounced. See § 948.03(1)(k)(1), Fla.Stat. (Supp.1994); Gilchrist v. State, 674 So. 2d 847 (Fla. 2d DCA 1996). Affirmed; question certified. PATTERSON and ALTENBERND, JJ., concur.…
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Gonse v. State, 713 So. 2d 1114 (Fla. 2d DCA 1998)…oses of remand, we note that the trial court erred in imposing certain costs. The trial court improperly imposed a $1,000 public defender lien without any indication of defense counsel’s hourly rate or time spent on the case. See Gilchrist v. State, 674 So. 2d 847 (Fla. 2d DCA 1996); Hankerson v. State, 464 So. 2d 700 (Fla. 2d DCA 1985). Second, the trial court failed to inform Gonse at sentencing, as Florida Rule of Criminal Procedure 3.720(d)(1) requires, “of the imposition of a lien pursuant to section 27.…
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Migliore v. State, 953 So. 2d 754 (Fla. 2d DCA 2007)…e but failed to state the amount of the fee or to advise Migliore of his right to a hearing to contest that amount, as required by section 938.29(5), Florida Statutes (2004) and Florida Rule of Criminal Procedure 3.720(d)(1). See Gilchrist v. State, 674 So. 2d 847 (Fla. 2d DCA 1996); Kirby v. State, 658 So. 2d 1232 (Fla. 1st DCA 1995). We therefore reverse the imposition of the public defender fee and remand for reconsideration of the fee in accordance with the statutory and rule requirements. The judgment an…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- State v. Hart, 668 So. 2d 589 (Fla. 1996)
- Guinn v. State, 652 So. 2d 902 (Fla. 2d DCA 1995)
- Jones v. State, 623 So. 2d 627 (Fla. 5th DCA 1993)
- Farmer v. State, 617 So. 2d 447 (Fla. 2d DCA 1993)
- Porter Hankerson v. State, 464 So. 2d 700 (Fla. 2d DCA 1985)
- Buchy v. State, 664 So. 2d 1064 (Fla. 2d DCA 1995)
- S.P. v. State, 664 So. 2d 1064 (Fla. 2d DCA 1995)