JORDAN ERIC PRUITT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Jordan Eric Pruitt appealed his conviction and sentence. The Florida First District Court of Appeal affirmed his conviction and most of his sentence but reversed and remanded regarding three costs that were improperly imposed: an indigent legal assistance lien imposed without notice of a right to hearing, a sheriff's investigatory cost not requested by the state, and a cost imposed under section 938.06 despite no fine being imposed.
The court held that all three costs must be struck. The indigent legal assistance lien must be stricken because the appellant was not given notice of his right to a hearing to contest the amount. The sheriff's investigatory cost must be stricken because it was not requested by the state as required by statute. The $20 cost under section 938.06 must be stricken because it may only be imposed when a fine has been imposed.
[1] A lien for indigent legal assistance may not be imposed without providing the defendant 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 on the record and subjected to argument regarding the amount.
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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 that the trial court must provide notice of the right to contest the indigent legal assistance lien at sentencing
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Join FLexlaw to unlock all legal intelligencePruitt was convicted and sentenced. The trial court imposed several costs including a $150 indigent legal assistance lien, a $100 sheriff's investigat…
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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 appellant of its intent to do so and his *236right 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Laronald D. Spear v. State, 109 So. 3d 232 (Fla. 1st DCA 2013)…subject, striking the $20 cost imposed pursuant to the 2010 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 20…
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)