JORDAN ERIC PRUITT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The Florida First District Court of Appeal affirmed Jordan Eric Pruitt's conviction and sentence but reversed and remanded on sentencing issues, striking an indigent legal assistance lien, investigatory costs, a statutory cost, and a restitution order that were imposed without proper procedures.
The court affirmed the conviction and sentence but reversed and remanded on sentencing matters. The $150 indigent legal assistance lien, $100 investigatory cost, $20 statutory cost, and restitution order were all struck because: (1) the lien was imposed without notice of the right to a hearing; (2) investigatory costs were not requested by the state; (3) the § 938.06 cost cannot be imposed absent a fine; and (4) restitution was never orally pronounced.
[1] A lien for indigent legal assistance may be stricken if the defendant is not given notice of their right to a hearing to contest the amount of the lien.
[2] Investigatory costs imposed against a defendant must be requested by the state and demonstrated on the record.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Notice of the accused's right to a hearing to contest the amount of the hen shall be given at the time of sentence.”
Establishes the procedural requirement that defendants must receive notice of their right to contest indigent legal assistance liens at sentencing.
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Join FLexlaw to unlock all legal intelligencePruitt was convicted and sentenced. At sentencing, the trial court imposed a $150 indigent legal assistance lien, a $100 Sheriff's Investigatory Cost,…
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This is an appeal in which the Office of Criminal Conflict and Civil Regional Counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We affirm the appellant’s conviction and sentence with the exception of certain costs imposed. We also strike the order imposing restitution.
We strike the $150 indigent legal assistance lien imposed, because the Appellant was not given notice of his right to a hearing to contest the amount of this lien. See Fla. R.Crim. P. 3.720(d)(1) (“Notice of the accused’s right to a hearing to contest the amount of the hen shall be given at the time of sentence.”); McCarthan v. State, 91 So.3d 268 (Fla. 1st DCA 2012) ([W]e strike the $100 indigent legal assistance lien imposed, since the appellant was not given notice of his right to a hearing to contest the amount of this lien.). On remand, if the trial court wishes to impose the public defender fee it must advise the *234appellant of its intent to do so and his right to a hearing to contest imposition of that fee. See Vaughn v. State, 65 So.3d 188 (Fla. 1st DCA 2011).
Furthermore, we strike the $100 “Sheriffs Investigatory Cost” as it was not requested by the state. See Parker v. State, 44 So.3d 1190 (Fla. 1st DCA 2010) (“With respect to the investigatory costs, there is no record indication that the State requested or demonstrated these costs as required under the statute. Accordingly, the Sheriffs Investigatory Cost ... must be stricken.”); Hills v. State, 90 So.3d 927 (Fla. 1st DCA 2012) (“Because section 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.”). On remand, the state may not seek to reimpose these costs because they were not requested. See Vaughn v. State, 65 So.3d 138 (Fla. 1st DCA 2011).
Additionally, we strike the imposition of the $20 cost imposed pursuant to section 938.06, Florida Statutes (2010), because no fine was imposed. See Pullam v. State, 55 So.3d 674 (Fla. 1st DCA 2011). Finally, we strike the order imposing restitution in this case as restitution was never orally pronounced. See Seymore v. State, 667 So.2d 408 (Fla. 4th DCA 1996). Accordingly, we AFFIRM the appellant’s judgment and sentence in part, but we REVERSE AND REMAND in part for proceedings consistent with this opinion.
WOLF, VAN NORTWICK, and LEWIS, JJ., concur.
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Citator
Cited By
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Laronald D. Spear v. State, 109 So. 3d 232 (Fla. 1st DCA 2013)…See Pruitt v. State, 98 So. 3d 237, 238 (Fla. 1st DCA 2012); Pruitt v. State, 98 So. 3d 236, 237 (Fla. 1st DCA 2012); Pruitt v. State, 98 So. 3d 235, 236 (Fla. 1st DCA 2012); Pruitt v. State, 98 So. 3d 234, 235 (Fla. 1st DCA 2012); Pruitt v. State, 98 So. 3d 233, 234 (Fla. 1st DCA 2012); Pruitt v. State, 98 So. 3d 232, 233 (Fla. 1st DCA 2012); Pruitt v. State, 98 So. 3d 231, 232 (Fla. 1st DCA 2012). In doing so, we cited to our Pullam opinion, which addressed section 938.06 prior to the amendment. One day a…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Jamarl Vaughn v. State, 65 So. 3d 138 (Fla. 1st DCA 2011)
- Dwon Parker v. State, 44 So. 3d 1190 (Fla. 1st DCA 2010)
- Clark v. State, 55 So. 3d 674 (Fla. 1st DCA 2011)
- Pullam v. State, 55 So. 3d 674 (Fla. 1st DCA 2011)
- McCARTHAN v. State, 91 So. 3d 268 (Fla. 1st DCA 2012)
- Hills v. State, 90 So. 3d 927 (Fla. 1st DCA 2012)
- Jackson v. State, 90 So. 3d 927 (Fla. 1st DCA 2012)
- Seymore v. State, 667 So. 2d 408 (Fla. 4th DCA 1996)