LAMAR GRADDY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed conviction but remanded to strike improperly assessed statutory fees and public defender costs lacking proper statutory authority and procedural notice.
A trial court must cite proper statutory authority for assessed costs and provide notice and hearing opportunity before imposing discretionary public defender fees.
[1] A trial court must cite proper statutory authority when assessing statutory fees and costs, and must provide notice and opportunity for hearing before imposing discretion…
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Join FLexlaw to unlock all legal intelligenceLamar Graddy was convicted and sentenced to a term that included a $265 statutory fee and costs and a $300 public defender fee.…
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PER CURIAM.
In this direct criminal appeal, Lamar Graddy’s appointed 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 and affirm his judgment and sentence. We remand, however, to strike the “statutory fee and costs” of $265, as the sentencing order fails to cite the proper statutory basis for this assessment. Bradshaw v. State, 638 So. 2d 1024 (Fla. 1st DCA 1994). On remand, these costs may be reimposed provided the proper statutory authority is cited and the assessment is in compliance with the procedures outlined in Reyes 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 the fee.
We accordingly affirm in part, reverse in part, and remand for consistent proceedings.
MINER, WEBSTER and LAWRENCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- Torey Bradshaw and Alford R. Martin v. State, 638 So. 2d 1024 (Fla. 1st DCA 1994)
- Thelonious W. Kirby v. State, 658 So. 2d 1232 (Fla. 1st DCA 1995)
- Baucham v. State, 676 So. 2d 53 (Fla. 1st DCA 1996)