JEROME JERRY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
We grant the public defender’s motion to withdraw as appellate counsel. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). The Anders brief identified one minor sentencing error which we write to address while affirming in all other respects.
The public defender’s fee imposed in this case is stricken because the trial court did not give appellant notice of his right to contest the amount of the fee. § 938.29(5), Fla. Stat. (2005); Fla. R.Crim. P. 3.720(d)(1). See also Smiley v. State, 590 So. 2d 1116 (Fla. 4th DCA 1991); Hostzclaw v. State, 561 So. 2d 1323 (Fla. 4th DCA 1990). On remand, the fee may be reimposed after compliance with the rule. Jones v. State, 624 So. 2d 812 (Fla. 4th DCA 1993). The defendant need not be present for resentencing. Id.
STEVENSON, C.J., GUNTHER and FARMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Smith v. State, 7 So. 3d 646 (Fla. 4th DCA 2009)…and if an objection is filed, the trial court should hold a hearing on this issue; if no written objection is filed, the court may reimpose the fees without a hearing. McGee v. State, 963 So. 2d 931, 932 (Fla. 2d DCA 2007); see also Jerry v. State, 955 So. 2d 668 (Fla. 4th DCA 2007); Pride v. State, 944 So. 2d 1243 (Fla. 1st DCA 2006). Accordingly, appellate counsel’s motion to withdraw is granted, and the public defender’s fees are stricken. On remand, if Smith files a written objection to the amount of t…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Smiley v. State, 590 So. 2d 1116 (Fla. 4th DCA 1991)
- Westley Hostzclaw v. State, 561 So. 2d 1323 (Fla. 4th DCA 1990)
- Jones v. State, 624 So. 2d 812 (Fla. 4th DCA 1993)