WILLIAM RUSSELL HILL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a defendant has a right to a hearing on the reasonableness of appointed counsel fees and costs, but not to court-appointed counsel for that hearing.
The trial court entered a final judgment for appointed public defender fees and costs, stating the defendant could request a hearing. The defendant re…
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[*444] PER CURIAM.
In this consolidated appeal, William Russell Hill challenges the jury conviction and sentence imposed after he withdrew from a plea agreement. Additionally, he challenges a trial court order’s denying his posttrial motions for a hearing to contest the reasonableness of attorney’s fees and costs and for appointment of counsel. We affirm the conviction and sentence imposed without further discussion. However, the final judgment as to attorney’s fees and costs is reversed.
On December 13, 1996, the trial court entered a final judgment assessing a total of $78,289.63 in fees and costs for a special appointed public defender. The final judgment specifically stated that Hill could request a hearing on the reasonableness of attorney’s fees and costs. Hill timely filed motions for a hearing and for appointment of counsel to represent him during the hearing on fees and costs. On January 9, 1997, the trial court summarily denied the motions.
Pursuant to section 27.56(7), Florida Statutes (1995),1 a defendant shall have the opportunity to be heard to offer objection to a determination of attorney’s fees and costs of a special appointed public defender. See also Fla. R. Crim. P. 3.720(d). A defendant has the right to be represented at such a hearing, but does not have the right to court-appointed counsel. See Bull v. State, 548 So. 2d 1103, 1105 (Fla.1989). Thus, we affirm the order denying the appointment of counsel and reverse the judgment for attorney’s fees and costs. On remand the trial court shall conduct a hearing on the reasonableness of attorney’s fees and costs after notice to Hill.
Affirmed in part; reversed in part, and remanded.
ALTENBERND, A.C.J., and GREEN and SALCINES, JJ., Concur. •
. Section 27.56(7), Florida Statutes (1995) had been renumbered as section 938.29(6), Florida Statutes (1997).
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Cioni v. State, 809 So. 2d 66 (Fla. 5th DCA 2002)…within 30 days of his sentencing. See Fla. R.Crim. P. 3.720(d)(1), (2). Here, Cioni waited more than five months after filing his notice of appeal before objecting to the attorneys’ fees. The issue cannot now be considered on appeal. Hill v. State, 734 So. 2d 443 (Fla. 2d DCA 1999). As to the second issue, the state concedes there is a scrivener’s error. We remand for the purpose of correcting the error. Cioni need not be present. Mosco v. State, 640 So. 2d 1219 (Fla. 5th DCA 1994). AFFIRM sentence; REMAND…
Authorities Cited
- Bull v. State, 548 So. 2d 1103 (Fla. 1989)