JEREMY GERALD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Jeremy Gerald challenges his conviction for grand theft of a motor vehicle and trespass, arguing that the trial court erred in imposing attorney's fees and court costs without proper statutory authority or procedural safeguards. The appellate court affirms the conviction but reverses and remands the sentencing regarding the costs and fees.
The trial court erred by imposing court costs without citing statutory authority in the written order and by assessing attorney's fees without advising the defendant of his right to a hearing to contest the amount. The conviction is affirmed, but the costs and fees are reversed and remanded for proper procedures.
[1] A trial court must cite the statutory authority for imposed court costs in its written order, even if the oral pronouncement at sentencing does not.
[2] A trial court may impose mandatory court costs of up to $253 without orally announcing the statutory authority at the sentencing hearing.
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Join FLexlaw to unlock all legal intelligence“While a trial court may impose mandatory court costs of up to $253 without orally announcing the statutory authority at the sentencing hearing, the written order must reflect the statutory authority upon which the costs are imposed.”
Establishes the procedural requirement for court costs; written orders must cite statutory authority even if oral pronouncement need not.
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Join FLexlaw to unlock all legal intelligenceJeremy Gerald was adjudicated guilty of grand theft of a motor vehicle and trespass in a structure or conveyance. At sentencing, the trial court orall…
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PER CURIAM.
The appellant, Jeremy Gerald, challenges the judgment and sentence imposed upon him after he was adjudicated guilty of grand theft of a motor vehicle and trespass in a structure or conveyance. We find that the trial court erred by imposing attorney’s fees and certain court costs, but affirm the court in all other aspects.
At the sentencing hearing, the court orally ordered the appellant to pay $250 in court costs and $1250 in attorney’s fees. Both the oral pronouncement and written order provided no reference to the statutory authority for these amounts. Additionally, the trial court did not inform the appellant that he had the right to contest the attorney’s fees. The appellant filed a timely notice of appeal from the judgment and sentence imposed upon him.
While a trial court may impose mandatory court costs of up to $253 without orally announcing the statutory authority at the sentencing hearing, the written order must reflect the statutory authority upon which the costs are imposed. Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995). See also Smith v. State, 686 So .2d 8 (Fla. 2d DCA 1996). The court erred by failing to include in its written order citation to the proper statutory authority for the $250 in costs it imposed on appellant. We, accordingly, strike the $250 in court costs. Upon remand, the state may seek reimposition of court costs. Sutton v. State, 635 So. 2d 1032 (Fla. 2d DCA 1994).
Although the trial court announced at the sentencing hearing that $1250 in attorney’s fees were to be assessed, it failed to advise the appellant of his right to a hearing to contest this amount as required. Fla. R.Crim. P. 3.720(d)(1); Washington v. State, 685 So. 2d 858 (Fla. 2d DCA 1996).
We, accordingly, remand this ease with instructions that appellant be given thirty days to file a written objection to the amount of the attorney’s fees. If he files an objection, the trial court must strike the attorney’s fees and may impose a new fee provided that appellant is afforded the required notice and hearing. Halyard v. State, 667 So. 2d 1028 (Fla. 2d DCA 1996).
Affirmed in part; reversed and remanded with directions.
SCHOONOVER, A.C.J., and QUINCE and NORTHCUTT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Fields v. State, 712 So. 2d 413 (Fla. 2d DCA 1998)…s to file a written objection to the amount of the attorney’s fees. If he files an objection, the trial court must strike the attorney’s fees and may impose a new fee provided that the defendant is afforded notice and a hearing. See Gerald v. State, 699 So. 2d 304 (Fla. 2d DCA 1997); Halyard v. State, 667 So. 2d 1028 (Fla. 2d DCA 1996). The trial court also announced that Fields would be required to pay $80.00 in restitution to the St. Petersburg Police Department within the probationary period. Without a re…
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Walker v. State, 710 So. 2d 699 (Fla. 2d DCA 1998)…ricken because the court failed to cite the proper statutory authority for the costs in its written order. However, the State submits that we should remand to the sentencing court so that it may seek reimposition of these costs. See Gerald v. State, 699 So. 2d 304 (Fla. 2d DCA 1997). Accordingly, the conviction and sentence are affirmed, except for: (1) that portion of the sentence that imposes the public defender’s lien, which is stricken without prejudice to reimpose it on remand; and (2) that portion of…
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Reeder v. State, 725 So. 2d 1149 (Fla. 2d DCA 1998)…fender lien. If such an objection is filed within thirty days, the trial court must strike the lien and impose a new lien provided the appellant is afforded notice and hearing. See Fields v. State, 712 So. 2d 413 (Fla. 2d DCA 1998); Gerald v. State, 699 So. 2d 304 (Fla. 2d DCA 1997). Reversed and remanded. PATTERSON, A.C.J., and WHATLEY and GREEN, JJ., concur.…
Authorities Cited
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- Sutton v. State, 635 So. 2d 1032 (Fla. 2d DCA 1994)
- Smith v. State, 686 So. 2d 8 (Fla. 2d DCA 1996)
- Halyard v. State, 667 So. 2d 1028 (Fla. 2d DCA 1996)
- Washington v. State, 685 So. 2d 858 (Fla. 2d DCA 1996)