JOSHUA ELIJAH SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Joshua Elijah Smith appealed the revocation of his probation and sentencing, challenging the imposition of public defender fees. The appellate court affirmed the probation revocation and sentences but corrected sentencing errors in one judgment and remanded for Smith to have an opportunity to contest the fee amounts.
The court corrected the written judgment in case 562007CF2088A to reflect the amounts the trial court announced at sentencing ($500 and $40), struck the public defender fees, and remanded to allow Smith thirty days to file a written objection to the fees; if an objection is filed, the trial court must hold a hearing; if not, the fees as pronounced may be reimposed.
[1] A written judgment must accurately reflect the oral pronouncement of fees and costs made by the sentencing court.
[2] A defendant must be informed of the right to contest the amount of public defender fees and application fees.
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Join FLexlaw to unlock all legal intelligence“The written judgment in 562007CF001840A included the correct fee amounts, but the written judgment in 562007CF2088A, erroneously listed the public defender lien as $1,000 and the application fee as $80, double the amounts the court announced.”
Establishes the factual error in the written judgment that required correction
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Join FLexlaw to unlock all legal intelligenceSmith was sentenced in two cases and agreed at sentencing to a $500 public defender fee and a $40 application fee for each case. The court orally impo…
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Joshua Elijah Smith appeals following the revocation of his probation and sentencing in case numbers 562007CF001840A and 562007CF2088A. Appellate counsel has filed an Anders brief pointing out two minor sentencing errors regarding the public defender’s fees and application fees *647imposed. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
At sentencing, appellant agreed that a $500 public defender fee and a $40 fee for the application for a public defender on each case was acceptable. The court orally imposed a $500 public defender fee and a $40 application fee for each case. The written judgment in 562007CF001840A included the correct fee amounts, but the written judgment in 562007CF2088A, erroneously listed the public defender lien as $1,000 and the application fee as $80, double the amounts the court announced. In response to a rule 3.800(b)(2) motion and on appeal, the state agrees that this was error and that the written judgment should reflect the court’s pronouncement.
Appellate counsel also pointed out that Smith was not informed of his right to a hearing to contest the amount of fees. § 938.29(5), Fla. Stat. (2007); Fla. R.Crim. P. 3.720(d). The state agrees that appellant should have an opportunity to file a written objection to the fees, 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 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.
STEVENSON, HAZOURI and MAY, JJ., concur.
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Citator
Cited By
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Dabel v. State, 79 So. 3d 873 (Fla. 4th DCA 2012)…ate, 944 So. 2d 1226, 1227 (Fla. 4th DCA 2006) (“Statutorily mandated costs may be imposed without notice to the defendant.”). Therefore, the $50 public defender application fee the trial court assessed against Dabel is affirmed. In Smith v. State, 7 So. 3d 646 (Fla. 4th DCA 2009), this court addressed the requirement that the defendant be informed of his right to contest the amount of the public defender attorney’s fees being assessed against him. While clearly addressing public defender attorney’s fees u…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Hayes v. State, 957 So. 2d 97 (Fla. 2d DCA 2007)
- C.B. v. State, 963 So. 2d 931 (Fla. 2d DCA 2007)
- Cedrick Lament Craft v. State, 944 So. 2d 1243 (Fla. 3d DCA 2006)
- Pride v. State, 944 So. 2d 1243 (Fla. 1st DCA 2006)
- Jerry v. State, 955 So. 2d 668 (Fla. 4th DCA 2007)
- Zook v. Johns, 955 So. 2d 668 (Fla. 4th DCA 2007)
- McGEE v. State, 963 So. 2d 931 (Fla. 2d DCA 2007)