BEN T. HAYES, II, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed burglary and habitual offender sentences but reversed judgment lien for attorney's fees because trial court failed to inform defendant of right to contest the lien amount at hearing.
A trial court must inform a defendant at sentencing of the right to a hearing to contest the amount of an attorney's fee judgment lien.
[1] A trial court must inform a defendant at sentencing of the right to a hearing to contest the amount of an attorney's fee judgment lien under Florida Rule of Criminal Proc…
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Join FLexlaw to unlock all legal intelligence“the court announced the imposition and amount of the judgment lien, but it failed to inform Hayes that he had the right to a hearing to contest the amount”
Court's explanation of why judgment lien was reversed
Ben T. Hayes, II was convicted of burgling a dwelling and sentenced as a habitual offender and prison releasee reoffender. The trial court imposed a j…
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NORTHCUTT, Judge.
Convicted of burgling a dwelling, Ben T. Hayes, II, appeals his habitual offender and prison releasee reoffender sentence. He also complains of the imposition of a judgment lien for attorney’s fees. We affirm the sentences. See Griffin v. State, 946 So. 2d 610, 613 (Fla. 2d DCA 2007) (requiring defendant to make contemporaneous objection to preserve apparent errors during sentencing and limiting Fla. R.Crim. P. 3.800(b)(2) motions to “errors to which the defendant had no meaningful opportunity to object and matters that rendered the sentence otherwise subject to review under rule 3.800(a)”).
Turning to the other issue, the court announced the imposition and amount of the judgment lien, but it failed to inform Hayes that he had the right to a hearing to contest the amount. See Fla. R.Crim. P. 3.720(d)(1) (requiring court to give notice at sentencing of defendant’s right to hearing to contest amount of attorney’s fee lien). Accordingly, we reverse the judgment lien. See Miller v. State, 912 So. 2d 1282 (Fla. 2d DCA 2005). On remand, if Hayes files a written objection to the amount within thirty days after the issuance of our mandate, the court shall hold a hearing. If Hayes fails to timely file a written objection, the court may reimpose the lien for attorney’s fees without a hearing.
Convictions and sentences affirmed; judgment lien for attorney’s fees reversed; remanded.
LaROSE, J., and THREADGILL, EDWARD F., Senior Judge, Concur.
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Citator
Cited By
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White v. State, 32 So. 3d 132 (Fla. 2d DCA 2010)…ial court failed to properly advise White of his right to contest or object to the amount of the lien from these fees, we reverse and remand for further [*133] proceedings. See Fla. R.Crim. P. 3.720(d)(1); Webster, 998 So. 2d at 656; Hayes v. State, 957 So. 2d 97, 97 (Fla. 2d DCA 2007). On remand, White shall have thirty days from the issuance of our mandate to file a written objection to the amount of the fees. If an objection is filed, the trial court shall conduct a hearing. Otherwise, the trial court may…
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Hayes v. State, 25 So. 3d 683 (Fla. 2d DCA 2010)…to a hearing on the amount of the lien. Florida Rule of Criminal Procedure 3.720(d)(1) requires that the defendant be informed of his or her “right to a hearing to contest the amount of the lien ... at the time of sentence.” See also Hayes v. State, 957 So. 2d 97, 97 (Fla. 2d DCA 2007). The record does not reflect that the circuit [*685] court informed Mr. Hayes of his right to a hearing to contest the amount of the lien. Because the circuit court improperly imposed the investigative costs and the public de…
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Smith v. State, 7 So. 3d 646 (Fla. 4th DCA 2009)…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 the fees within thirty days of this court’s mandate, the trial court shall hold a hearing. See Hayes v. State, 957 So. 2d 97 (Fla. 2d DCA 2007). If no written objections are filed, the court may reimpose the $500 lien and the $40 application fee for each case as pronounced at the sentencing hearing. The revocation of probation and sentences are otherwise affirmed. STEVE…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Griffin v. State, 946 So. 2d 610 (Fla. 2d DCA 2007)
- Miller v. State, 912 So. 2d 1282 (Fla. 2d DCA 2005)