ANTHONY MIGLIORE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Anthony Migliore appealed a public defender fee assessed after his guilty pleas to felony counts, arguing the trial court failed to inform him of his right to contest the fee amount and failed to determine the value of services provided. The appellate court affirmed the convictions and sentences but reversed the imposition of the public defender fee, requiring reconsideration with proper statutory compliance.
The trial court erred in both respects. The court must inform a defendant of the right to contest the public defender fee and must determine the value of services provided before imposing such a fee.
[1] A trial court must inform a defendant of their right to a hearing to contest the amount of public defender fees.
[2] A trial court must advise a defendant of the amount of public defender fees to be imposed.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The trial court, in its order granting the motion in part and denying it in part, recognized that it had failed to inform Migliore of his right to a hearing to contest the amount of fees but denied him relief on this point because of the 'time constraints inherent in a 3.800(b)(2) motion.'”
Establishes the trial court's acknowledged failure and its reasoning for denying relief
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Join FLexlaw to unlock all legal intelligenceMigliore pleaded guilty to numerous felony counts. At sentencing, the trial court stated that court costs and attorney's fees would be handled through…
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PER CURIAM.
In this appeal, Anthony Migliore challenges the public defender fee he was assessed after he pleaded to numerous felony counts. During the pendency of this appeal, Migliore filed a motion to correct sentencing errors pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). The trial court, in its order granting the motion in part and denying it in part, recognized that it had failed to inform Migliore of his right to a hearing to contest the amount of fees but denied him relief on this point because of the “time constraints inherent in a 3.800(b)(2) motion.” The trial court also rejected Migliore’s contention that the trial court had failed to determine the value of the public defender’s services. Concluding that the trial court erroneously denied relief on Migliore’s challenge to the public defender fee in both respects, we affirm the convictions and sentences except in the imposition of the public defender’s fee.
At the sentencing hearing, the trial court had told Migliore that court costs and attorney’s fees would be through the court’s financial recovery procedure but failed to state the amount of the fee or to advise Migliore of his right to a hearing to contest that amount, as required by section 938.29(5), Florida Statutes (2004) and Florida Rule of Criminal Procedure 3.720(d)(1). See Gilchrist v. State, 674 So. 2d 847 (Fla. 2d DCA 1996); Kirby v. State, 658 So. 2d 1232 (Fla. 1st DCA 1995). We therefore reverse the imposition of the public defender fee and remand for reconsideration of the fee in accordance with the statutory and rule requirements. The judgment and sentence are affirmed in all other respects. Affirmed in part, reversed in part and remanded with directions.
FULMER, C.J., and NORTHCUTT and CASANUEVA, JJ„ Concur.
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Citator
Cited By
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Ladarius Brooks v. State, 199 So. 3d 974 (Fla. 4th DCA 2016)…because defendant “was not provided notice of the trial court’s intent to impose the public defender attorney’s fees or of his right to contest the fees at a hearing” in violation of section 938.29(5) and rule 3.720(d)); see also Migliore v. State, 953 So. 2d 754, 754 (Fla. 2d DCA 2007) (reversing in part because “[a]t the sentencing hearing, the trial court ... told [the defendant] that court costs [*977] and attorney’s fees would be through the court’s financial recovery procedure but failed to state the a…
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Brinson v. State, 302 So. 3d 916 (Fla. 4th DCA 2020)…utory minimum and remand for further proceedings. On remand, the trial court may increase the public defender’s fee and impose the county drug abuse fund fee if the appropriate factual findings are made at a new hearing. See Migliore v. State, 953 So. 2d 754, 754 (Fla. 2d DCA 2007); Desrosiers, 286 So. 3d at 300. Affirmed in part, reversed in part, and remanded. WARNER, MAY and KLINGENSMITH, JJ., concur. * * * Not final until disposition of timely filed motion for…
Authorities Cited
- Thelonious W. Kirby v. State, 658 So. 2d 1232 (Fla. 1st DCA 1995)
- Gilchrist v. State, 674 So. 2d 847 (Fla. 2d DCA 1996)