JOSEPH LAURAIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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THREADGILL, Acting Chief Judge.
The appellant, Joseph Laurain, appeals a judgment and sentence for the crime of escape. We affirm the judgment and sentence. We, however, strike a court cost and remand for the appellant to be given the opportunity to object to the amount of the public defender’s hen.
At sentencing, the trial court imposed a public defender’s hen for $750.00 without advising the appellant of his right to a hearing to contest the amount of the lien as required by Florida Rule of Criminal Procedure 3.720(d)(1). It also imposed a discretionary court cost of $2.00, pursuant to section 943.25(13), Florida Statutes (1995), without individually announcing the cost at sentencing as required by Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995). We therefore strike the $2.00 court cost and remand for the appellant to be given thirty days from the date of mandate to ñle a written objection to the amount assessed for public defender’s fees. See Waldron v. State, 677 So. 2d 393 (Fla. 2d DCA 1996).
Affirmed; remanded.
PATTERSON and CASANUEVA, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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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)
- Smith v. State, 677 So. 2d 393 (Fla. 2d DCA 1996)