ANDREW GAY, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Andrew Gay, Jr., appeals his conviction and sentence for aggravated battery. We affirm Mr. Gay’s conviction without comment; but, finding error in his sentence, we strike the trial court’s imposition of public defender liens.
To properly impose public defender liens, the trial court must inform a defendant of the right to contest the amount. See Vaughn v. State, 65 So.3d 138, 139 (Fla. 1st DCA 2011). The trial court here did not, and that amount ($150.00) must therefore be stricken from Mr. Gay’s sentence and corresponding civil judgment. Id. On remand, the trial court is directed to advise Mr. Gay of his right to a hearing to contest the public defender liens. See id.
AFFIRMED in part, REVERSED in part, and REMANDED for proceedings consistent with this opinion.
DAVIS, LEWIS, and MAKAR, JJ., concur.
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Citator
Cited By
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Gardner v. State, 45 Fla. L. Weekly D2344 (Fla. 2d DCA 2020)…On remand, these costs must be stricken from Gardner's sentences and the corresponding civil judgment. See Ingalls v. State, 45 Fla. L. Weekly D2344 (Fla. 4th DCA Oct. 14, 2020); Ayos v. State, 275 So. 3d 178, 182 (Fla. 4th DCA 2019); Gay v. State, 94 So. 3d 676, 676 (Fla. 1st DCA 2012). Affirmed; remanded with instructions. KHOUZAM, C.J., and NORTHCUTT and BLACK, JJ., Concur.…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Jamarl Vaughn v. State, 65 So. 3d 138 (Fla. 1st DCA 2011)