CURTIS BAUCHAM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed conviction for aggravated battery but struck the attorney's fee assessment for lack of notice and remanded to correct the felony degree classification from first to second degree.
A trial court errs in assessing public defender fees without providing notice and an opportunity to be heard, and must correct a judgment that misclassifies aggravated battery as a first-degree rather than second-degree felony.
[1] A trial court must provide notice and an opportunity to be heard before assessing public defender fees against a defendant.
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Join FLexlaw to unlock all legal intelligenceCurtis Baucham was convicted of aggravated battery with a deadly weapon. The trial court assessed $500 for public defender services without notice or …
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PER CURIAM.
Curtis Baucham (Baucham) challenges his judgment and sentence for aggravated battery with a deadly weapon. His appellate counsel filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). After reviewing the record, we agree with his counsel that there are no meritorious issues for appeal except for two errors made during sentencing. Specifically, the trial court erred-in assessing $500 for the services of his public defender where it failed to give Baucham notice of the right to a hearing to contest the amount imposed. Kirby v. State, 658 So. 2d 1232 (Fla. 1st DCA 1995); Peterson v. State, 645 So. 2d 1028 (Fla. 4th DCA 1994). Secondly, the written judgment incorrectly lists aggravated battery as a first-degree felony when it is a second-degree felony. § 784.045(2), Fla.Stat. (1993).
Accordingly, we affirm Baucham’s conviction and sentence but strike the attorney’s fee imposed, and remand with directions to amend the judgment to reflect the proper degree of the offense. On remand, attorney’s fees may be reimposed after Baucham is given notice and an opportunity to be heard on the amount of the fee.
AFFIRMED and REMANDED, with directions.
WEBSTER, MICKLE, and LAWRENCE, JJ., concur.
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Snowden v. State, 685 So. 2d 974 (Fla. 1st DCA 1996)…655 So. 2d 111 (Fla. 2d DCA 1995)(en banc). Secondly, the trial court erred in assessing $300 for the services of his public defender where it failed to give Snowden notice of the right to a hearing to contest the amount imposed. Baucham v. State, 676 So. 2d 53 (Fla. 1st DCA 1996); Kirby v. State, 658 So. 2d 1232 (Fla. 1st DCA 1995). We, therefore, strike the attorney’s fee imposed. On remand, the attorney’s fees may be reimposed after Snowden is given notice and an opportunity to be heard on the amount of…
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Graddy v. State, 687 So. 2d 1335 (Fla. 1st DCA 1997)…yes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)(en banc). We also remand to strike the public defender fee of $300, as this discretionary cost was imposed without notice to Graddy of his right to a hearing to contest this amount. Baucham v. State, 676 So. 2d 53 (Fla. 1st DCA), review denied, 683 So. 2d 484 (Fla. 1996); Kirby v. State, 658 So. 2d 1232 (Fla. 1st DCA 1995). On remand, the public defender fee may be reimposed after Graddy is given proper notice and an opportunity to be heard on the amount of t…
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Johnson v. State, 694 So. 2d 51 (Fla. 1st DCA 1997)…no meritorious issues for appeal and affirm his judgment and sentence. We remand, however, to strike the public defender fee of $500 because it was imposed without notice to Johnson of his right to a hearing to contest this amount. Baucham v. State, 676 So. 2d 53 (Fla. 1st DCA), review denied, 683 So. 2d 484 (Fla.1996); Kirby v. State, 658 So. 2d 1232 (Fla. 1st DCA 1995). On remand, the public defender fee may be reimposed after Johnson is given proper notice and an opportunity to be heard on the amount of t…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Thelonious W. Kirby v. State, 658 So. 2d 1232 (Fla. 1st DCA 1995)
- Ezekiel Peterson v. State, 645 So. 2d 1028 (Fla. 4th DCA 1994)