JERRY HILL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Right To Notice And Hearing cases and more on FLexlaw
PER CURIAM.
In this 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 that there are no meritorious issues concerning the judgment of conviction and sentence and thus affirm the same. The trial court, though, imposed a public defender’s fee without first giving the defendant notice of his right to a hearing to contest the amount. See § 938.29(5), Fla. Stat.; Fla. R.Crim. P. 3.720(d). The public defender’s fee is thus stricken. See Mitchell v. State, 789 So. 2d 1043 (Fla. 1st DCA 2001); Norris v. State, 659 So. 2d 1352 (Fla. 5th DCA 1995). On remand, the fee may be reimposed after the proper procedure is followed. See Cic- cia v. State, 854 So. 2d 243 (Fla. 4th DCA 2003).
Affirmed in part; reversed in part and remanded with instructions.
KLEIN, STEVENSON and TAYLOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Norris v. State, 659 So. 2d 1352 (Fla. 5th DCA 1995)
- Ciccia v. State, 854 So. 2d 243 (Fla. 4th DCA 2003)
- Mitchell v. State, 789 So. 2d 1043 (Fla. 1st DCA 2001)