CHARLOTTE ANN DAVIDSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed Davidson's judgment and sentence but struck the public defender's fee because the trial court failed to advise her of her right to challenge the amount under Florida Rule of Criminal Procedure 3.720(d)(1), and rejected her unsworn claim that her plea was involuntary due to medication.
A trial court must comply with Florida Rule of Criminal Procedure 3.720(d)(1) by apprising a defendant of the right to challenge a public defender's fee before imposing it, and claims of involuntary plea based on medication must be raised by motion in the trial court, not on appeal.
[1] A trial court must advise a defendant of the right to challenge a public defender's fee under Florida Rule of Criminal Procedure 3.720(d)(1) before imposing such a fee as…
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Join FLexlaw to unlock all legal intelligenceCharlotte Ann Davidson entered a guilty plea and was sentenced to community control with a special condition requiring her to pay a $100 public defend…
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PER CURIAM.
We affirm the judgment and sentence and the order of community control in this Anders
appeal, but we strike the special condition which required Charlotte Ann Davidson to pay a public defender’s fee of $100.00. The trial court failed to apprise her of the right to challenge the amount as required by Florida Rule of Criminal Procedure 3.720(d)(1). We remand so the trial court can reconsider the imposition of the fee after compliance with Rule 3.720(d)(1). Allmond v. State, 668 So. 2d 1120 (Fla. 5th DCA 1996); Andrews v. State, 660 So. 2d 394 (Fla. 5th DCA 1995).
Davidson also argues that her plea was not intelligently and voluntarily entered because she was under the influence of psychotropic medication when she entered the plea. This argument is not cognizable on appeal because Davidson did not file a motion to withdraw her plea in the trial court. Byrd v. State, 419 So. 2d 725 (Fla. 5th DCA 1982); Fla. R.App. P. 9.140(b). Further, her allegations are unsworn. Davidson may allege involuntariness of plea in a properly sworn Rule 3.850 motion filed in the trial court.
Judgment and Sentence AFFIRMED; Public Defender fee STRICKEN; REMANDED.
DAUKSCH, THOMPSON and ANTOON, JJ., concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Byrd v. State, 419 So. 2d 725 (Fla. 5th DCA 1982)
- The Colonies Condo. Ass'n, Inc. v. Clairview Holdings, Inc., 419 So. 2d 725 (Fla. 5th DCA 1982)
- Allmond v. State, 668 So. 2d 1120 (Fla. 5th DCA 1996)
- Trumpole v. State, 660 So. 2d 394 (Fla. 5th DCA 1995)