KENNETH GEORGE LESANE, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Maestas v. State, 76 So. 3d 991 (Fla. 4th DCA 2011)
  …ase here. However, we agree with Maestas that the $400 public defender fee was erroneously imposed because the trial court failed to make factual findings warranting the imposition of the additional $300. § 938.29, Fla. Stat. (2010); Houle v. State, 33 So. 3d 822, 823 (Fla. 4th DCA 2010). We therefore remand to the trial court to reduce the public defender fee to the statutorily required $100 or to hold a hearing with proper notice to Maestas, allowing him the opportunity to object to the additional $300 imp…
• Geraldo Alexis v. State, 211 So. 3d 81 (Fla. 4th DCA 2017)
  …the minimum, there must be some “evidence to establish a reasonable hourly rate or the amount of time spent by the public defender on the case,” and “the court must make factual findings of ‘higher fees or costs [*83] incurred.’” See Houle v. State, 33 So. 3d 822, 823 (Fla. 4th DCA 2010) (quoting § 938.29(l)(a)). Further, a public defender fee amount that exceeds the statutory minimum fee thereby becomes discretionary and accordingly “‘must be orally pronounced at sentencing because such costs may not be im…
• Harmon v. State, 160 So. 3d 939 (Fla. 5th DCA 2015)
  …failed to inform Appellant of his right to contest the assessment. We strike the assessment of public defender fees without prejudice and remand for an evidentiary hearing. Hayes v. State, 69 So. 3d 1035, 1037 (Fla. 5th DCA 2011); Houle v. State, 33 So. 3d 822, 823 (Fla. 4th DCA 2010). On remand, the trial court must advise Appellant of his right to contest any lien imposed for public defender fees. AFFIRMED in part; REVERSED in part; and REMANDED. TORPY, C.J., ORFINGER and LAWSON, JJ., concur. . T…

Authorities Cited

• Hall v. State, 826 So. 2d 268 (Fla. 2002)
• Reed v. State, 989 So. 2d 721 (Fla. 4th DCA 2008)
• Pomaski v. State, 989 So. 2d 721 (Fla. 4th DCA 2008)