JEFFREY F. WINES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Jeffrey Wines appealed his sentencing on burglary, grand theft, and attempted controlled substance purchase charges, challenging various probation conditions and costs. The court affirmed his conviction and sentence but vacated certain probation cost conditions and the public defender's lien that were imposed without proper statutory authority or notice.
The court affirmed the sentences and the imposition of costs for drug and alcohol tests, holding that the trial court properly orally informed Wines of these costs during sentencing. However, the court vacated the conditions improperly assessing court costs, investigative costs, the administrative processing fee, and the monthly payment to First Step, Inc., and struck the public defender's lien because the trial court failed to cite statutory authority, properly announce discretionary costs, or provide notice and opportunity to contest.
[1] A trial court errs by imposing discretionary costs without providing the defendant notice and an opportunity to be heard.
[2] A trial court errs by ordering investigative costs without a request from the relevant agency as required by statute.
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Join FLexlaw to unlock all legal intelligence“To allow relief on this colloquy would elevate form over substance.”
Court's holding that oral pronouncement of drug testing costs was sufficient notice despite not reading standard conditions
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Join FLexlaw to unlock all legal intelligenceWines pleaded guilty to burglary of a dwelling, third degree grand theft, and attempted unlawful purchase of a controlled substance. The trial court s…
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THOMPSON, Judge.
Jeffrey F. Wines pled guilty to burglary of a dwelling, third degree grand theft and attempted unlawful purchase of a controlled substance. The trial court adjudicated him guilty and sentenced him to 90 months in prison followed by 12% years probation. On appeal, Wines challenges the conditions of probation requiring him to pay court costs, investigative costs, costs of random drug and alcohol tests, a processing fee for administrative probation status, and $1.00 per month to First Step, Inc. He also challenges the imposition of a public defender’s lien. We affirm the sentences and the imposition of costs for drug and alcohol tests, but vacate those conditions improperly assessing other costs and fees and the public defender’s lien.
Conditions 12 and 20 of Wines’ probation order deal with alcohol and drug testing. Condition 12 is listed as part of the trial court’s standard conditions of probation and requires that Wines submit to random testing for alcohol and drugs. Condition 20 is listed as a special condition of probation and requires that Wines submit to “a thorough alcohol and/or drug evaluation” and if referred, to successfully complete the recommended treatment program. Both conditions require that Wines pay the attendant costs of the programs. On appeal, Wines does not contest the imposition of costs for condition 20 of the probation order. However, he argues that the trial court erred when it imposed costs for random testing without orally pronouncing them. We disagree.
During sentencing, Wines’ attorney requested placement in a drug treatment program. When the trial court asked “ [D]o I have to read the standard conditions?” the attorney waived the reading by answering “No, sir.” The trial court proceeded to read all of the special conditions of probation. The trial court did orally inform Wines that he would be referred to an agency for alcohol and drug evaluation and treatment and he would be responsible for the costs. The court stated “you will pay any fees for evaluation, referral, and treatment.” (Emphasis added.) Wines’ attorney did not object or appear confused by the trial court’s pronouncement on the payment of fees for drug testing. If there was confusion over whether one or both drug tests would be paid for by Wines, the matter should have been brought to the attention of the trial court. To allow relief on this colloquy would elevate form over substance. The trial court properly informed Wines of the costs. Fernandez v. State, 677 So. 2d 332 (Fla. 4th DCA), rev. dismissed, 683 So. 2d 485 (Fla.1996); Daughter v. State, 654 So. 2d 1209 (Fla. 2d DCA 1995).
The trial court erred by failing to cite to statutory authority for the imposition of other costs and fees. Madison v. State, 664 So. 2d 1140 (Fla. 5th DCA 1995). Also, the court incorrectly assessed investigative costs absent a request or supporting documentation for such costs from the state. § 939.01(1), Fla.Stat. (1995); Pazo v. State, 684 So. 2d 898 (Fla. 5th DCA 1996). The trial court further erred by failing to orally announce all discretionary costs and fees. Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995). Finally, the trial court improperly imposed the public defender’s lien because Wines was not given notice or opportunity to contest the amount. Fraim v. State, 678 So. 2d 527 (Fla. 5th DCA 1996); Andino v. State, 676 So. 2d 493 (Fla. 5th DCA 1996).
Accordingly, we affirm the judgments and sentences, but vacate the provisions assessing court costs, investigative costs, the processing fee for administrative probation status, and the monthly payment to First Step, Inc. We also strike the public defender’s lien. On remand, the trial court may reimpose the costs and the lien, if appropriate, upon compliance with Florida Buie of Criminal Procedure 3.720(d)(1).
JUDGMENT AFFIRMED; SENTENCE AFFIRMED in part and VACATED in part; LIEN STRICKEN; REMANDED.
COBB and W. SHARP, JJ., concur.
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Woods v. State, 879 So. 2d 651 (Fla. 5th DCA 2004)…ided in the laws and court rules pertaining to civil cases at law. This court has held that reversal is required if the trial court orders payment of public defender fees without proper compliance with rule 3.720 and section 938.29. Wines v. State, 690 So. 2d 684, 684 (Fla. 5th DCA 1997) (citing Fraim v. State, 678 So. 2d 527 (Fla. 5th DCA 1996); Andino v. State, 676 So. 2d 493 (Fla. 5th DCA 1996)). The rule and statute were not complied with here because Woods was not given notice of the supplemental fees a…
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Milton v. State, 10 So. 3d 710 (Fla. 5th DCA 2009)…PER CURIAM. In this Anders appeal,1 the public defender lien must be stricken as Appellant was not advised of her right to object to the amount of the lien. See Bruno v. State, 960 So. 2d 907 (Fla. 2d DCA 2007); Wines v. State, 690 So. 2d 684 (Fla. 5th DCA 1997); Nieves v. State, 678 So. 2d 468 (Fla. 5th DCA 1996).2 On remand, the lien may be reimposed by the court after complying with Florida Rule of Criminal Procedure 3.720(d)(1). In all other respects, the judgment and sentence are af…
Authorities Cited
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- Andino v. State, 676 So. 2d 493 (Fla. 5th DCA 1996)
- Fernandez v. State, 677 So. 2d 332 (Fla. 4th DCA 1996)
- Madison v. State, 664 So. 2d 1140 (Fla. 5th DCA 1995)
- Pazo v. State, 684 So. 2d 898 (Fla. 5th DCA 1996)
- Daughtery v. State, 654 So. 2d 1209 (Fla. 2d DCA 1995)
- Fraim v. State, 678 So. 2d 527 (Fla. 5th DCA 1996)