DWON PARKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that certain investigative costs and public defender fees must be stricken from the judgment and sentence because they were not orally imposed at sentencing and lacked proper statutory basis or advisement of rights.
The appellant argued that the trial court erred in imposing specific investigative costs and public defender fees in the written judgment when they we…
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We affirm the appellant’s judgment and sentence in all respects except the imposition of the $100 Sheriffs Office Investigative Cost, the $100 Prosecution Investigative Cost, and the $150 Public Defender/Regional Conflict Counsel Fees.
The appellant filed a motion pursuant to Florida Criminal Procedure Rule *11913.800(b)(2), in which he argued that the trial court erred by imposing these costs and fees in his written judgment and sentence when they were not orally imposed at sentencing.1 The State has conceded error as to the costs and fees.
With respect to the investigatory costs, there is no record indication that the State requested or demonstrated these costs as required under the statute. See § 938.27(1) & (4), Fla. Stat. (2009). Accordingly, the Sheriffs Investigatory Cost and the Prosecution Investigatory Cost must be stricken. See Del Valle v. State, 26 So.3d 650, 651 (Fla. 2d DCA 2010).
With respect to the Public Defender/Regional Conflict Counsel Fees, the fees were not announced at sentencing and the appellant was not advised of his right to a hearing to contest the amount of the fees. See Fla. R.Crim. P. 3.720(d)(1); § 938.29(5), Fla. Stat. (2009). Accordingly, the Public Defender/Regional Conflict Counsel Fee must be stricken. See Del Valle, 26 So.3d at 651.
AFFIRMED in part, REVERSED in part, and REMANDED for proceedings consistent with this opinion.
WOLF, ROBERTS, and WETHERELL, JJ., concur.
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Cited By (13 total)
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Jamarl Vaughn v. State, 65 So. 3d 138 (Fla. 1st DCA 2011)…on Investigatory costs, and the Public Defender fee. The investigatory costs were not announced at sentencing and there is no record evidence that they were requested or documented by the state. Thus, these costs should be stricken. Parker v. State, 44 So. 3d 1190, 1191 (Fla. 1st DCA 2010) (striking Sheriffs Investigatory Costs and the Prosecution Investigatory costs where “there is no record indication that the State requested or demonstrated these costs as required under the statute”). On remand, the state…
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Hills v. State, 90 So. 3d 927 (Fla. 1st DCA 2012)…tion 938.27(8) does not pertain to “investigative costs” of law enforcement agencies such as the Sheriffs Office, the requirement that such costs be requested on the record and subjected to argument regarding the amount remains. See Parker v. State, 44 So. 3d 1190 (Fla. 1st DCA 2010); Vaughn v. State, 65 So. 3d 138 (Fla. 1st DCA 2011). However, the mandatory provisions of section 938.27(8) and the other amendments restricting the trial judge’s discretion have negated any reason to require the state attorney t…
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Derrell J. Chamblee v. State, 93 So. 3d 1184 (Fla. 1st DCA 2012)…fine pursuant to section 938.06(1), Florida Statutes. Appellant preserved this issue by filing a Florida Rule of Criminal Procedure 3.800(b)(2) motion to correct sentencing errors. Thomas v. State, 76 So. 3d 360 (Fla. 1st DCA 2011); Parker v. State, 44 So. 3d 1190 (Fla. 1st DCA 2010). Because the trial court did not rule on this motion within sixty days of the filing date, it is deemed denied. Fla. R.Crim. P. 3.800(b)(2)(B); Long v. State, 886 So. 2d 280, 281 (Fla. 1st DCA 2004). We have de novo review of the…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- del Valle v. State, 26 So. 3d 650 (Fla. 2d DCA 2010)