LINDA ARMSTRONG, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that costs and a public defender's lien were improperly imposed without statutory authority or required notice and hearing.
The defendant was convicted of possession of cocaine and assessed court costs and a public defender's lien. The defendant appealed these assessments.…
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NORTHCUTT, Judge.
Linda Armstrong challenges her conviction for possession of cocaine, as well as the lower court’s imposition of court costs and a public defender’s lien. We affirm her conviction without discussion, but reverse the costs and hen assessments.
The order of probation imposes $300.00 in costs with no citation to statutory authority for the assessment. These costs must, therefore, be stricken. See Smith v. State, 686 So. 2d 8 (Fla. 2d DCA 1996) (statutory authority for all costs imposed, whether mandatory or discretionary, must be cited in the written order). On remand, the court may reimpose all authorized costs, provided that it orally pronounces the discretionary costs and recites the statutory bases for those and all mandatory costs. Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995).
The trial court also erred by imposing a public defender’s hen without advising Armstrong of her right to a hearing to contest the amount of the lien, as required under Florida Rule of Criminal Procedure 3.720(d)(1). We remand this ease with instructions that Armstrong be given thirty days to file a written objection to the amount of the lien. If she files an objection, the lower court must strike the lien, and it may not impose a new assessment without notice and a hearing. Trice v. State, 655 So. 2d 1270 (Fla. 2d DCA 1995); Bourque v. State, 595 So. 2d 222 (Fla. 2d DCA 1992).
Conviction affirmed, costs stricken, remanded for further proceedings concerning the imposition of costs and the public defender’s fee.
DANAHY, A.C.J., and THREADGILL, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Zebbie Edwards v. State, 814 So. 2d 1197 (Fla. 2d DCA 2002)…tion 939.18, Florida Statutes (2001), and remand for further proceedings. The cost at issue may be reimposed provided the court considers Edwards’ financial ability to pay the cost and orally announces imposition of the cost. See Armstrong v. State, 696 So. 2d 913 (Fla. 2d DCA 1997). Edwards also contends, and the State concedes, that the trial court erred in imposing a special condition of probation that she pay for her drug evaluation whereas this was not orally announced. As this court explained in Garri…
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Cruz v. State, 830 So. 2d 892 (Fla. 2d DCA 2002)…all costs of prosecution must be expressly requested by the state agency and supported with adequate documentation). Finally, we strike a $3 “teen court” cost/fine which was imposed without citation to statutory authority. See Armstrong v. State, 696 So. 2d 913 (Fla. 2d DCA 1997) (stating that statutory authority for all costs, whether mandatory or discretionary, must be cited in the written order). Affirmed in part, reversed in part and remanded. BLUE, C.J., and CASANUEVA, J„ concur.…
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Stewart v. State, 906 So. 2d 1128 (Fla. 2d DCA 2005)…irm the imposition of the teen court fee because the trial court did cite to the statutory authority for the fee, and this is sufficient to support its imposition. See Cruz v. State, 830 So. 2d 892, 893 (Fla. 2d DCA 2002) (citing Armstrong v. State, 696 So. 2d 913 (Fla. 2d DCA 1997)). However, we note that a [*1130] recent opinion of this court directs that future court orders include a reference to both the statutory authority for the teen court fee and the applicable county ordinance. Ayoub v. State, 901 So…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- Bourque v. State, 595 So. 2d 222 (Fla. 2d DCA 1992)
- Trice v. State, 655 So. 2d 1270 (Fla. 2d DCA 1995)
- Smith v. State, 686 So. 2d 8 (Fla. 2d DCA 1996)