MITCHELL HARRIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that certain costs imposed on the appellant must be stricken due to procedural defects, specifically lack of notice and absence of a properly imposed fine.
The appellant's attorney filed an Anders brief, indicating no meritorious grounds for appeal. The appeal challenged the imposition of certain costs an…
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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 judgment and sentence with the exception of certain costs imposed.
We strike the $100 indigent legal assistance lien imposed pursuant to section 938.29, Florida Statutes (2009), because the trial court did not give the appellant notice of the lien or his right to a hearing to contest the amount. See McCarthan v. State, 91 So.3d 268 (Fla. 1st DCA 2012). On remand, the trial court may only reimpose the lien if it provides the appellant with the requisite notice. See Vaughn v. State, 65 So.3d 138 (Fla. 1st DCA 2011).
We also strike the $20 court cost imposed pursuant to section 938.06, Florida Statutes (2009), because no fine was properly imposed. See Mallory v. State, 70 So.3d 738 (Fla. 1st DCA 2011).
Accordingly, we AFFIRM in part, REVERSE in part, and REMAND for proceedings consistent with this opinion.
ROBERTS, WETHERELL, and SWANSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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DeSALVO v. State, 107 So. 3d 1185 (Fla. 1st DCA 2013)…entence in conformance with the order on Appellant’s rule 3.800(b)(2) motion. On remand, the trial court may reimpose the stricken fíne, surcharges, and indigent legal assistance fees after following the appropriate procedures, see Harris v. State, 100 So. 3d 245, 246 (Fla. 1st DCA 2012) (indigent legal assistance fee); Nix v. State, 84 So. 3d 424, 426 (Fla. 1st DCA 2012) (discretionary fines and surcharges), but the court may not reimpose the stricken investigative costs because they were not requested by t…
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Laronald D. Spear v. State, 109 So. 3d 232 (Fla. 1st DCA 2013)…of the courts together with such fine.” Based upon this version of the statute, we issued several opinions holding that it was error to impose the $20 cost where no fine was imposed or where a fine was wrongfully imposed. See, e.g., Harris v. State, 100 So. 3d 245, 246 (Fla. 1st DCA 2012); Chamblee v. State, 93 So. 3d 1184, 1186 (Fla. 1st DCA 2012); Clavelle v. State, 80 So. 3d 456, 457 (Fla. 1st DCA 2012); Mallory v. State, 70 So. 3d 738, 738 (Fla. 1st DCA 2011); Pullam v. State, 55 So. 3d 674, 675 (Fla. 1st…
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Sims v. State, 110 So. 3d 975 (Fla. 1st DCA 2013)…al court struck the fíne imposed and because the offense occurred between May 2007 and February 2008, the $20 cost for the Crime Stoppers Trust Fund imposed pursuant to section 938.06(1), Florida Statutes, must also be stricken. See Harris v. State, 100 So. 3d 245, 246 (Fla. 1st DCA 2012); Chamblee v. State, 93 So. 3d 1184, 1186 (Fla. 1st DCA 2012); Clavelle v. State, 80 So. 3d 456, 457 (Fla. 1st DCA 2012); Mallory v. State, 70 So. 3d 738, 738 (Fla. 1st DCA 2011); Pullam v. State, 55 So. 3d 674, 675 (Fla. 1st…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Jamarl Vaughn v. State, 65 So. 3d 138 (Fla. 1st DCA 2011)
- McCARTHAN v. State, 91 So. 3d 268 (Fla. 1st DCA 2012)
- Sterling S. Mallory v. State, 70 So. 3d 738 (Fla. 1st DCA 2011)