JORDAN ERIC PRUITT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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This appeal addresses whether certain costs imposed at sentencing were properly assessed against the appellant. The court affirmed the conviction and sentence but reversed and remanded on limited grounds, striking three improperly imposed costs for procedural defects.
The court held that all three costs must be struck. The indigent legal assistance lien was improper because the appellant was not given notice of his right to contest it. The Sheriff's Investigatory Cost was improper because the state did not request it on the record. The section 938.06 cost was improper because no fine was imposed.
[1] A lien for indigent legal assistance must be stricken if the appellant was not provided notice of their right to a hearing to contest the amount of the lien.
[2] A trial court must advise a defendant of its intent to impose a public defender fee and of their right to a hearing to contest the fee's imposition.
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Join FLexlaw to unlock all legal intelligence“Notice of the accused's right to a hearing to contest the amount of the lien shall be given at the time of sentence.”
Establishes the procedural requirement that the appellant be notified of his right to contest the indigent legal assistance lien, which was violated here.
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Join FLexlaw to unlock all legal intelligenceJordan Eric Pruitt was convicted and sentenced. At sentencing, the trial court imposed three categories of costs: a $150 indigent legal assistance lie…
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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 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 lien 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 *235appellant 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 138 (Fla. 1st DCA 2011).
Additionally, 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).
Finally, 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). 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)…10 version of section 938.06 because no fine was imposed. 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 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)