DESTANEE THIEMANN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the written judgment must conform to the oral sentencing pronouncement regarding public defender costs, and the defendant must be informed of their right to a hearing to contest the amount.
The trial court orally imposed $100 in public defender costs but the written judgment assessed $500. The defendant appealed this discrepancy.…
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Destanee Thiemann appeals her judgments and sentences for sale or delivery of a controlled substance and possession of a controlled substance. Except as to one cost, we affirm her judgments and sentences without comment. However, because we find the trial court improperly *1289imposed a cost for the public defender, we reverse and remand for further proceedings.
During Thiemann’s sentencing, the trial court orally announced the imposition of $100 in costs for the public defender, yet the written final judgment assessed $500 for public defender attorney’s fees in accordance with section 938.29(l)(a), Florida Statutes (2007).1 The State concedes this was error.
We agree that the trial court erred because the sentencing document must conform to the trial court’s oral pronouncement. See Nash v. State, 958 So.2d 471, 472 (Fla. 2d DCA 2007); Piper v. State, 520 So.2d 320 (Fla. 2d DCA 1988). We also note that the trial court failed to inform Thiemann of her right to a hearing to contest the amount of the public defender’s fee. See Nash, 958 So.2d at 472; Miller v. State, 912 So.2d 1282, 1283 (Fla. 2d DCA 2005). Therefore, we reverse the public defender’s fee assessment. On remand, Thiemann shall have thirty days from the date of our mandate to file a written objection to the amount assessed pursuant to Nash and Miller. If an objection is filed, the court shall conduct a hearing; otherwise, the court may reimpose the public defender’s fee in the amount of $100 without a hearing.
Affirmed in part, reversed in part, and remanded with directions.
SILBERMAN and MORRIS, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Piper v. State, 520 So. 2d 320 (Fla. 2d DCA 1988)
- Molina v. State, 520 So. 2d 320 (Fla. 2d DCA 1988)
- Miller v. State, 912 So. 2d 1282 (Fla. 2d DCA 2005)
- Nash v. State, 958 So. 2d 471 (Fla. 2d DCA 2007)