GERALD CICCIA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Notice And Opportunity To Object cases and more on FLexlaw
PER CURIAM.
In Appellant’s direct criminal appeal, the public defender filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We agree there are no meritorious issues for appeal and affirm the judgment and sentence. However, Appellant correctly argues that the trial court erred in failing to give him notice and an opportunity to object to the amount assessed for the public defender’s fees, an issue which was preserved for appeal by the denial of his rule 3.800(b)(2) motion. The public defender’s fee and hen are therefore stricken, without prejudice to being reimposed on remand after the proper procedure is followed. See, e.g., Holm v. State, 784 So. 2d 1185 (Fla. 2d DCA 2001); Fisher v. State, 697 So. 2d 1291 (Fla. 1st DCA 1997).
Affirmed in part; reversed in part and remanded with instructions.
WARNER, SHAHOOD and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Finkelstein v. State, 944 So. 2d 1226 (Fla. 4th DCA 2006)…payment of $700. We reverse and remand with instructions to the trial court to give Finkelstein notice of his right to a hearing on the matter and to schedule a hearing if one is requested. See Fla. R.Crim. P. 3.720(d)(1); see also Ciccia v. State, 854 So. 2d 243 (Fla. 4th DCA 2003). The trial court also imposed $425 in other costs and fees in a written order, including a $200 “trust fund fee.” The $200 trust fund fee referenced section 27.3455, Florida Statutes (2001). “[C]osts cannot be assessed in a cri…
-
Josephs v. State, 86 So. 3d 1270 (Fla. 4th DCA 2012)…defender fees without notice of a hearing or an opportunity to be heard. The State agrees, but requests us to remand the case to allow the sentencing judge to provide the defendant with the opportunity to be heard in accordance with Ciccia v. State, 854 So. 2d 243 (Fla. 4th DCA 2003). That, we shall do. We reverse and remand the case for resentencing before a judge other than the original sentencing judge. We note that a different judge heard the rule 3.800 motion and may be, but is not required to be, the a…
-
Tarzmyn D. Forbes v. State, 127 So. 3d 826 (Fla. 4th DCA 2013)…blic defender fee, which was later imposed. Pursuant to Florida Rule of Criminal Procedure 3.720(d)(1), Defendant was to have been given notice of the opportunity to object to the amount assessed for public defender’s fees. See also Ciccia v. State, 854 So. 2d 243, 243 (Fla. 4th DCA 2003). Accordingly, we reverse and direct the trial court to strike the public defender’s fee without prejudice to being re-imposed on remand after the proper procedure is followed. We further remand to provide the trial court t…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Fisher v. State, 697 So. 2d 1291 (Fla. 1st DCA 1997)
- Holm v. State, 784 So. 2d 1185 (Fla. 2d DCA 2001)