CONNIE BROOMFIELD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court's oral pronouncement of waived costs controls over the written sentence, and public defender liens must be reversed due to lack of notice of a hearing.
Appellant pleaded nolo contendere to drug charges. The trial court orally waived costs and fees but the written sentence included them. Appellant was …
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PER CURIAM.
Connie Broomfield was convicted on her plea of nolo contendere to two counts of sale of cocaine and two counts of possession of cocaine, which were charged in two circuit court eases. Her convictions and sentences are affirmed, but the costs and fees assessed against her must be reversed.
The costs included in the written sentence entered in case number 96-788 are reversed as being contrary to the oral pronouncement at sentencing that costs and fees were waived. The trial court’s oral pronouncement controls over the written sentence. See Glaubius v. State, 675 So. 2d 211 (Fla. 4th DCA 1996), approved in part, quashed in part on other grounds, 688 So. 2d 913 (Fla.1997).
The public defender’s liens in both cases must be reversed because the appellant was not advised of her right to a hearing on the amount of the liens, as required by Rule 3.720(d)(1), Florida Rules of Criminal Procedure. On remand, the trial court is directed to apprise appellant of her right to contest the amount of the liens and to set the matter for hearing if she chooses to exercise that right. See Brown v. State, 682 So. 2d 667 (Fla. 4th DCA 1996).
REVERSED and REMANDED.
GLICKSTEIN, GUNTHER and STEVENSON, JJ., concur.
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Rinderer v. State, 857 So. 2d 955 (Fla. 4th DCA 2003)…the direct appeal and thus complied with the requirements of rule 3.850. The general rule is that when there is a discrepancy between the written sentence and the oral pronouncement, the oral pronouncement prevails. See, e.g., Broomfield v. State, 698 So. 2d 932 (Fla. 4th DCA 1997). The State argues that there was no discrepancy between the oral pronouncement of sentence and the 'written sentencing order because the trial court orally pronounced the defendant’s sentence as a habitual violent felony offender…
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Jacques Louisgeste v. State, 706 So. 2d 29 (Fla. 4th DCA 1998)…As the oral pronouncement of sentence controls over the written sentence, appellant’s sentence must be remanded to the trial court to correct the scrivener’s errors in order to conform with the trial court’s oral pronouncement. Broomfield v. State, 698 So. 2d 932 (Fla. 4th DCA 1997). Appellant also contests the imposition of $787 in public defender’s fee. He maintains that the trial court erred in failing to advise him of his right to a hearing to contest the amount imposed as set forth in Florida Rule of C…
Authorities Cited
- Glaubius v. State, 688 So. 2d 913 (Fla. 1997)
- Brown v. State, 682 So. 2d 667 (Fla. 4th DCA 1996)
- Glaubius v. State, 675 So. 2d 211 (Fla. 4th DCA 1996)