GARY LYNN SPROUSE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Court affirmed criminal convictions but reduced and struck certain costs and attorney fees awards that were imposed without notice and opportunity to be heard.
Discretionary costs and attorney fees cannot be imposed without affording the defendant notice and an opportunity to be heard.
[1] Discretionary costs and attorney fees cannot be imposed in criminal cases without providing the defendant with notice and an opportunity to be heard.
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Join FLexlaw to unlock all legal intelligence“such an award is discretionary and, therefore, can not be made without affording a defendant notice and an opportunity to be heard”
Court's explanation for striking the criminal justice education cost award
Appellant Sprouse was convicted and sentenced; costs and attorney fees were assessed including a law library fee, criminal justice education fee, and …
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PER CURIAM.
In this direct criminal appeal, appellant’s attorney 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 record, we agree that no reversible error occurred. Accordingly, we affirm appellant’s convictions and sentences. However, we reduce the award of $4.00 in costs attributable to the Bay County law library to $2.00. Ch. 69-835, § 7, at 106, Laws of Fla. We strike the award of $2.00 in costs pursuant to section 943.25(3), Florida Statutes (1995) (for criminal justice education by municipalities and counties), because such an award is discretionary and, therefore, can not be made without affording a defendant notice and an opportunity to be heard. Brooks v. State, 676 So. 2d 48 (Fla. 1st DCA 1996). For the same reason, we also strike the award of $312.00 for attorney fees. 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 latter two costs may again be imposed, provided that appellant is given notice and an opportunity to contest their imposition.
AFFIRMED and REMANDED, with directions.
MINER, WEBSTER and MICKLE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Mitchell v. State, 789 So. 2d 1043 (Fla. 1st DCA 2001)…PER CURIAM. We affirm the appellant’s convictions but conclude the trial court erred in imposing certain costs on the appellant. Specifically, we reduce the $4.00 award to the Bay County law library to $2.00. Sprouse v. State, 682 So. 2d 1237 (Fla. 1st DCA 1996); Ch. 96-530, § 1, at 246-247, Laws of Fla. Also, we strike the $300 public defender fee because the trial court neglected to notify the appellant of his right to a hearing to contest the amount imposed. Snowden v. State, 685 So.…
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)
- Brooks v. State, 676 So. 2d 48 (Fla. 1st DCA 1996)