PAUL BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Anders V. California Procedure cases and more on FLexlaw
PER CURIAM.
The instant case is presented pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Because we find no error affecting the conviction we affirm. We also affirm the sentence except in regard to certain costs and fees imposed as explained below.
In imposing a $125 fee for attorney fees for the public defender, the court did not provide notice to appellant of his right to contest the amount. Accordingly, this fee is stricken. L.AD. v. State, 616 So. 2d 106 (Fla. 1st DCA), review denied, 624 So. 2d 268 (Fla.1993). Accord Neal v. State, 669 So. 2d 1113 (Fla. 1st DCA 1996). In addition, the written order does not contain a citation of statutory authority for imposition of the public defender fee or for the $2 for the County Law Enforcement Training Fund. Bryant v. State, 661 So. 2d 1315 (Fla. 1st DCA 1995); Reyes v. State, 655 So. 2d 111, 114 (Fla. 2d DCA 1995). Accordingly, we remand for the trial court to strike these improperly imposed discretionary costs without prejudice to their reimposition following the procedures outlined in Reyes and Bryant.
MINER, WEBSTER and LAWRENCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Waller v. State, 911 So. 2d 226 (Fla. 2d DCA 2005)…The trial court imposed an $800 public defender lien without giving Mr. Waller notice of the lien and the opportunity to be heard. See § 938.29(6), Fla. Stat. (2002);4 see also Wilkerson v. State, 654 So. 2d 1239 (Fla. 2d DCA 1995); Brown v. State, 681 So. 2d 834 (Fla. 1st DCA 1996). This issue was also preserved by Mr. Waller by virtue of his motion to correct sentencing error. On remand, this lien may again be imposed, provided that Mr. Waller is afforded notice and an opportunity to contest its amount. A…
-
Duffey v. State, 741 So. 2d 1192 (Fla. 4th DCA 1999)…902, 904 (Fla. 5th DCA 1998). This court must interpret the evidence and the reasonable inferences to be drawn from the evidence in a manner most favorable to sustaining the trial court’s decision to deny the motion to suppress. See State v. Franko, 681 So. 2d 834, 835 (Fla. 1st DCA 1996). The state carried its burden of showing that the defendant’s statement was freely and voluntarily given. See Arizona v. Fulminante, 499 U.S. 279, 111 S.Ct. 1246, 113 L.Ed.2d 302 (1991); Voorhees v. State, 699 So. 2d 602 (Fl…
-
Bright v. State, 689 So. 2d 1285 (Fla. 1st DCA 1997)…and hearing, provided that the written order recites citation to statutory authority for any costs imposed. Snyder v. State, 662 So. 2d 1033, 1033 (Fla. 1st DCA 1995) (holding that a fee for First Step is not statutorily authorized); Brown v. State, 681 So. 2d 834 (Fla. 1st DCA 1996) (holding that it is error to impose a fee without providing notice to the defendant of his right to contest the amount, and error to fail to include in the written order a citation of statutory authority for the fee). MINER, WE…
Previewing 3 of 4 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)
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- 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)
- Justice Anthony Neal v. State, 669 So. 2d 1113 (Fla. 1st DCA 1996)