JOSEPH W. JENNISON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court affirmed the convictions and sentences but struck certain cost assessments and a condition of probation.
The defendant's counsel filed an appeal pursuant to Anders v. California. The trial court had assessed costs for the County Court Improvement Fund and…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Public Defender'S Lien cases and more on FLexlaw
PER CURIAM.
Counsel for Joseph W. Jennison filed this appeal pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We affirm the convictions and sentences, but strike one cost assessment, the public defender’s hen, and one condition of probation.
The trial court erred in assessing $15 for the County Court Improvement Fund because there is no legal basis for this assessment. See Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995) (en banc). The trial court also erred in assessing a $500 public defender’s hen by not citing any statutory authority and by failing to base this amount on any evidence presented to the court. Reyes, 655 So. 2d at 119. See also Sutton v. State, 635 So. 2d 1032 (Fla. 2d DCA 1994). Finally, the trial court also erred by imposing special condition of probation (F), regarding the payment for random drug testing, because the trial court did not orally announce this portion of condition (F). See Malone v. State, 652 So. 2d 902 (Fla. 2d DCA 1995).
We affirm the judgment and sentences. We strike the $15 assessment for the County Court Improvement Fund, the $500 public defender’s hen, and that portion of special condition (F) regarding the payment for random drug testing.
PARKER, A.C.J., and PATTERSON and NORTHCUTT, 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)
- Sutton v. State, 635 So. 2d 1032 (Fla. 2d DCA 1994)
- Guinn v. State, 652 So. 2d 902 (Fla. 2d DCA 1995)