GERARDO LAZO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a discretionary cost must be orally pronounced at sentencing and a public defender lien requires advisement of the right to contest the amount.
The defendant was convicted of aggravated battery with a firearm. The trial court assessed costs and fees, including a discretionary cost and a public…
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FRANK, Acting Chief Judge.
We have reviewed each of Gerardo Lazo’s contentions in support of revérsing the judgment and sentence stemming from his conviction for aggravated battery with a firearm. We have considered each of the four issues Lazo has urged upon us. Thus, the trial court did not err in denying Lazo’s motion for judgment of acquittal, in failing to conduct a Richardson hearing, and in rejecting Lazo’s challenge to comments expressed by the prosecutor. We do find error in the assessment of costs and fees.
The $2 discretionary cost must be stricken because it was not pronounced orally at sentencing. See Thompson v. State, 667 So. 2d 447 (Fla. 2d DCA 1996).
The $500 public defender hen must be stricken. It is not clear from the record whether Lazo agreed to the amount of the fee, and the trial court did not advise him that he could contest the amount of the fee. See Allmond v. State, 668 So. 2d 1120 (Fla. 5th DCA 1996).
Affirmed in part; remanded with instructions consistent with this opinion.
QUINCE, J., and DOYEL, ROBERT L., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Waller v. State, 911 So. 2d 226 (Fla. 2d DCA 2005)…ch the cost was imposed. If these cases involved a $2 cost imposed under section 938.15, they are no longer 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…
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Giles v. State, 779 So. 2d 546 (Fla. 2d DCA 2001)…(1999), a $150 court facility fee, and a $100 fee for the public defender’s services. He has properly preserved his challenge for appellate review. We strike the $2 discretionary cost because it was not announced at sentencing. See Lazo v. State, 711 So. 2d 1303 (Fla. 2d DCA 1998). We also strike the court facility fee because the trial court did not announce it at sentencing and gave no statutory authority for its imposition. See Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995) (en banc). Finally, because…
Authorities Cited
- Allmond v. State, 668 So. 2d 1120 (Fla. 5th DCA 1996)
- Thompson v. State, 667 So. 2d 447 (Fla. 2d DCA 1996)
- Putnam Cnty. Sch. Bd. & Gallagher Bassett Servs. v. Debose, 667 So. 2d 447 (Fla. 1st DCA 1996)