RONALD WHITE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2010-01-20
No. 2D08-397
Crenshaw, J., Wallace, J., LaRose, J.
32 So. 3d 132 Florida District Court of Appeal, Second District (2010) Positive Treatment
Cited by 7 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Florida appellate court affirmed White's convictions for fleeing police and driving with suspended license, but reversed and remanded the public defender fee lien because the trial court failed to advise him of his right to contest the fee amount.

Holding

A trial court must advise a defendant of his right to contest or object to the amount of a public defender fee lien before imposing it.

Headnotes

[1] A trial court must advise a defendant of the right to contest or object to the amount of a public defender fee lien before imposing it under Florida Rule of Criminal Proc…

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Facts & Procedural History

Ronald White was convicted of fleeing or attempting to elude a law enforcement officer and driving with a suspended driver's license. The trial court …

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Topics
Fleeing Or Attempting To Elude A Law Enforcement Officer Public Defender Fees Sentencing Error Motion To Correct Sentencing Error

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Opinion of the Court
CRENSHAW, Judge.

CRENSHAW, Judge.

Ronald White appeals his judgments and sentences for fleeing or attempting to elude a law enforcement officer and driving with a suspended driver’s license. We affirm his judgments and sentences without comment except as to the public defender fees imposed under section 938.29(l)(a), Florida Statutes (2006). White preserved his challenge to this cost by filing a motion to correct sentencing error in accordance with Florida Rule of Criminal Procedure 3.800(b)(2). The trial court did not rule on the motion within sixty days, and thus it is deemed denied. See Webster v. State, 998 So.2d 655, 656 (Fla. 2d DCA 2008).

Because the trial 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 *133proceedings. 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 reimpose the lien for public defender fees without a hearing. See Webster, 998 So.2d at 657; Hayes, 957 So.2d at 97.

Affirmed in part, reversed in part, and remanded with directions.

WALLACE and LaROSE, JJ„ Concur.

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Citator

Cited By

  • Headly Berry Edwards v. State, 59 So. 3d 335 (Fla. 5th DCA 2011)
    …written objection to the [*336] amount of the fees imposed by the trial court. If an objection is filed, the trial court shall conduct a hearing. Otherwise, the trial court may reimpose the public defender fees without a hearing. See White v. State, 32 So. 3d 132 (Fla. 2d DCA 2010). AFFIRMED in part; REVERSED in part; REMANDED. PALMER, COHEN and JACOBUS, JJ., concur.…
  • Jones v. State, 56 So. 3d 130 (Fla. 5th DCA 2011)
    …file a written objection to the amount of the fees imposed by the trial court. If an objection is filed, the trial court shall conduct a hearing. Otherwise, the trial court may reimpose the public defender fees without a hearing. See White v. State, 32 So. 3d 132 (Fla. 2d DCA 2010). REVERSED and REMANDED with directions. ORFINGER, TORPY and JACOBUS, JJ., concur.…
  • Greene v. State, 241 So. 3d 282 (Fla. 2d DCA 2018)
    …a motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). The motion was deemed denied when the circuit court did not rule on the motion within sixty days. See Fla. R. Crim. P. 3.800(b)(2)(B); White v. State, 32 So. 3d 132, 132 (Fla. 2d DCA 2010). "The statutory authority for all costs imposed, whether they are mandatory or discretionary, must be cited in the written order." Sanders v. State, 189 So. 3d 946, 946 (Fla. 2d DCA 2016) (quoting Kirby v. State, 695 So. 2d…

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