JOHN HAYES, A/K/A JOHN DAVID HAYES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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John Hayes appealed his convictions for cocaine possession with intent to sell and related drug charges following a guilty plea. The Florida appellate court affirmed the convictions and sentences but reversed the imposition of investigative costs and a public defender lien due to procedural defects.
The court held that the investigative costs were improperly imposed because no documented costs from the investigating agency were provided as required by statute, and the public defender lien was improperly imposed because Hayes was not informed of his right to a hearing on the amount of the lien as required by procedural rule.
[1] A motion to correct sentence under Florida Rule of Criminal Procedure 3.800(b)(2) is deemed denied if the circuit court fails to rule on the motion within sixty days.
[2] Convicted persons are liable for documented costs of prosecution, including investigative costs incurred by law enforcement agencies, pursuant to section 938.27(1), Flori…
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Join FLexlaw to unlock all legal intelligence“convicted persons are liable for payment of the documented costs of prosecution, including investigative costs incurred by law enforcement agencies”
Establishes the statutory requirement that investigative costs must be documented before they can be imposed on a convicted person
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Join FLexlaw to unlock all legal intelligenceJohn Hayes pleaded guilty to possession of cocaine with intent to sell or deliver, possession of a controlled substance, and possession of drug paraph…
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In this Anders1 appeal, John Hayes, a/k/a John David Hayes, appeals his judgments and sentences for possession of cocaine with intent to sell or deliver, possession of a controlled substance, and possession of drug paraphernalia. Mr. Hayes pleaded guilty to the charges, without reserving the right to appeal the circuit court’s denial of his motion to suppress. With the exception of certain costs that were improperly imposed, we affirm Mr. Hayes’ judgments and sentences.
Mr. Hayes filed a motion to correct sentence under Florida Rule of Criminal Procedure 3.800(b)(2). The motion is deemed denied because the circuit court did not file an order ruling on the motion within sixty days. Fla. R.Crim. P. 3.800(b)(2)(B). In his motion, Mr. Hayes alleged that the circuit court committed two errors.
First, Mr. Hayes asserted that the circuit court improperly imposed investigative costs because no appropriate documentation of the costs imposed was provided. Section 938.27(1), Florida Statutes (2007), provides that “convicted persons are liable for payment of the documented costs of prosecution, including investigative costs incurred by law enforcement agencies.” (Emphasis added.) The record on appeal does not reflect any documentation from the investigating agency, and the State does not claim otherwise.
Second, Mr. Hayes alleged that the circuit court erred by imposing a public defender lien without giving him notice of his right 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 *685court 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 defender lien, we reverse the portion of the sentences imposing the investigative costs and the public defender lien and remand for further proceedings. See id. (remanding to allow the defendant to object to the amount of the public defender lien); Diaz v. State, 901 So.2d 310, 311 (Fla. 2d DCA 2005) (“remand[ing] for the trial court to either strike the [investigative] costs or reimpose the costs if the statutory requirements are met”). In all other respects, Mr. Hayes’ judgments and sentences are affirmed.
Affirmed in part, reversed in part, and remanded for further proceedings.
SILBERMAN and KELLY, JJ., Concur.
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Citator
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Houle v. State, 33 So. 3d 822 (Fla. 4th DCA 2010)…for an evidentiary hearing. See R.R. v. State, 956 So. 2d 557, 558 (Fla. 5th DCA 2007). On remand, the trial court must advise appellant of her right to contest any lien imposed for public defender fees. Fla. R.Crim. P. 3.720(d)(1); Hayes v. State, 25 So. 3d 683, 684-85 (Fla. 2d DCA 2010). We also reverse the trial court’s imposition of two optional $500 fines under section 775.0835 for causing injury to another. Section 775.0835(1) requires the court to find “that the defendant has the present ability to…
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Fritz Gerald Pierre v. State, 264 So. 3d 206 (Fla. 4th DCA 2019)…See Alexis v. State, 211 So. 3d 81, 83 (Fla. 4th DCA 2017). Furthermore, the trial court failed to inform appellant of his statutory right to contest the lien. See Fla. R. Crim. P. 3.720(d)(1); Alexis, 211 So. 3d at 83; accord Hayes v. State, 25 So. 3d 683, 684-85 (Fla. 2d DCA 2010). Therefore, we reverse the imposition of the public defender lien and remand to the trial court to either reduce the amount to the statutorily required $100 or hold a hearing with proper notice to obtain evidence in…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Bass v. State, 901 So. 2d 310 (Fla. 5th DCA 2005)
- Diaz v. State, 901 So. 2d 310 (Fla. 2d DCA 2005)
- Hayes v. State, 957 So. 2d 97 (Fla. 2d DCA 2007)