STEVEN E. WYATT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that certain costs, fees, and a special probation condition must be stricken because they were not properly orally pronounced or documented. The conviction and sentence are otherwise affirmed.
Steven E. Wyatt appealed his conviction and sentence for aggravated battery, challenging the imposition of various costs, fees, and a special conditio…
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QUINCE, Judge.
Steven E. Wyatt appeals his conviction and sentence for aggravated battery. Wyatt challenges the imposition of various costs and fees and a special condition of probation. We strike the fees and costs, as well as the special condition of probation concerning the transfer of his probation to another state. In all other respects, we affirm.
In Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995), this court indicated that discretionary costs must be orally pronounced with citation to the appropriate statutory authority. Since the $2.00 cost imposed in this case was not orally pronounced, it must be stricken. The investigative cost must also be stricken because there was no request for the fee and no documentation was offered by the State. See Tolbert v. State, 698 So. 2d 1288 (Fla. 2d DCA 1997). The public defender lien is stricken because the defendant was not given notice and an opportunity to be heard on the amount. See Washington v. State, 685 So. 2d 858 (Fla. 2d DCA 1996). These costs and fees are stricken without prejudice to reimpose on remand. See Gant v. State, 682 So. 2d 1137 (Fla. 2d DCA 1996).
Lastly, we also strike special condition of probation 12 which prevents the transfer of Wyatt’s probation to another state without court approval unless all monetary obligations have been satisfied. This is a special condition of probation that must be orally pronounced. See Justice v. State, 674 So. 2d 123 (Fla.1996).
FRANK, A.C.J., and DOYEL, ROBERT L., Associate Judge, concur.
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Waller v. State, 911 So. 2d 226 (Fla. 2d DCA 2005)…ger reliable precedent. See Welch v. State, 724 So. 2d 651 (Fla. 2d DCA 1999); Watson v. State, 718 So. 2d 253 (Fla. 2d DCA 1998); Lazo v. State, 711 So. 2d 1303 (Fla. 2d DCA 1998); Higdon v. State, 709 So. 2d 572 (Fla. 2d DCA 1998); Wyatt v. State, 708 So. 2d 655 (Fla. 2d DCA 1998). Likewise, our opinion today would now appear to conflict with the First District’s opinions in Terry v. State, 791 So. 2d 1162 (Fla. 1st DCA 2001), and Griffin v. State, 800 So. 2d 321 (Fla. 1st DCA 2001), because those opinions…
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Miller v. State, 912 So. 2d 1282 (Fla. 2d DCA 2005)…fendant must be advised of his right to a hearing to contest the amount of the public defender’s lien. Here, the court failed to inform Miller of his right to contest the amount. Therefore, we reverse the public defender’s fee. See Laurain v. State, 708 So. 2d 655 (Fla. 2d DCA 1998). On remand, Miller shall have thirty days from our mandate to file a written objection to the amount assessed for the public defender’s fee. See id. If he files such an objection, the court shall hold a hearing. If Miller fails to…
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Holm v. State, 784 So. 2d 1185 (Fla. 2d DCA 2001)…the condition requiring Holm to pay for alcohol or drug testing. Likewise, Holm correctly argues that the trial court erred in failing to give him an opportunity to object to the amount assessed for the public defender’s fees. See Laurain v. State, 708 So. 2d 655 (Fla. 2d DCA 1998); see also Richie v. State, 777 So. 2d 977 (Fla. 2d DCA 1999). Thus, we strike the public defender’s lien without prejudice to reimpose it on remand in accordance with the proper procedure. See Walker v. State, 710 So. 2d 699 (Fla.…
Authorities Cited
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- Justice v. State, 674 So. 2d 123 (Fla. 1996)
- Washington v. State, 685 So. 2d 858 (Fla. 2d DCA 1996)
- Tolbert v. State, 698 So. 2d 1288 (Fla. 2d DCA 1997)
- Chillington v. State, 682 So. 2d 1137 (Fla. 4th DCA 1996)
- Carlo Gant v. State, 682 So. 2d 1137 (Fla. 2d DCA 1996)