KALVIN YOUMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Kalvin Youman appealed six consolidated criminal cases challenging certain costs imposed at sentencing. The appellate court affirmed convictions and sentences in four cases, but struck improper indigent legal assistance and court costs in two cases and remanded for corrected sentencing.
The court affirmed convictions and sentences in four cases. In the two cases where the trial court failed to timely rule on Youman's motion, the court struck both the $100 indigent legal assistance cost (because the trial court failed to inform Youman of his right to contest the amount) and the $20 court cost (because no fine was imposed, making the cost an improper surcharge), and remanded for corrected sentencing.
[1] A cost imposed for indigent legal assistance must be stricken if the defendant was not informed of their right to contest the amount of the lien.
[2] A $20 court cost imposed as an "additional surcharge" is erroneous when no fine was imposed for offenses committed prior to July 1, 2010.
Previewing 2 of 4 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“Because the trial court imposed the $100 cost without informing Youman of his right to contest the amount of the lien, this cost must be stricken from the judgments in 1D12-2470 and 1D12-2472, and the case remanded for appropriate procedures.”
Establishes that the trial court's failure to advise a defendant of the right to contest an indigent legal assistance cost is grounds for striking it.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceYouman accepted plea agreements in six consolidated criminal cases and was sentenced accordingly. The trial court imposed a $100 cost for indigent leg…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Kalvin Youman brought these six consolidated appeals pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Counsel contends that the trial court erred in imposing certain costs in two of these cases. We affirm the convictions and sentences in 1D12-2471, 1D12-2473, 1D12-2474, and 1D12-2475. While affirming the convictions in 1D12-2470 and 1D12-2472, we strike the $100 cost of indigent legal assistance and the $20 court cost (Crime Stopper Trust Fund) in these two cases and remand for corrected cost judgments. We affirm the sentences in 1D12-2470 and 1D12-2472 in all other respects.
The trial court accepted Youman’s pleas in all six cases and imposed sentences in accordance with the terms of the plea agreement. Youman filed a timely Florida Rule of Criminal Procedure 3.800(b)(2) motion challenging the imposition of the $100 cost for indigent legal assistance pursuant to section 938.29(l)(a), Florida Statutes, and the $20 court cost imposed pursuant to section 938.06(1), Florida Statutes, in all six cases. The trial court granted the motion and made the corrections in 1D12-2471, 1D12-2473, 1D12-2474, and 1D12-2475. Because the court failed to rule on this motion within sixty days in 1D12-2470 and 1D12-2472, however, the motion is deemed denied as to these two cases. See Fla. R.Crim. P. 3.800(b)(2)(B); Gallegos v. State, 63 So.3d 20 (Fla. 2d DCA 2011); Long v. State, 886 So.2d 280, 281 (Fla. 1st DCA 2004).
Anders counsel argues that, because the trial court imposed the $100 cost without informing Youman of his right to contest the amount of the lien, this cost must be stricken from the judgments in 1D12-2470 and 1D12-2472, and the case remanded for appropriate procedures. We agree. See § 938.29(5), Fla. Stat. (2008); Fla. R.Crim. P. 3.720(d)(1); In re Anders Briefs, 581 So.2d 149, 152 (Fla.1991) (allowing preserved minor sentencing errors imposing costs to be raised in an Anders appeal); Kirkland v. State, 106 So.3d 4, 5 (Fla. 1st DCA 2013) (striking the Public Defender fee and remanding for the trial court to advise defendant of the right to a hearing to contest it).
Counsel asserts also that, where the trial court imposed no fine, it was error to add the $20 cost as an “additional surcharge” in 1D12-2470 and 1D12-2472, which involved January 2009 offenses. This is true under the particular facts of these two cases. See § 938.06(1), Fla. Stat. (2008); Kirkland,, 106 So.3d at 5; cf. Spear v. State, 109 So.3d 232 (Fla. 1st DCA 2013) (rehearing en banc) (finding no error in imposing the $20 court cost pursuant to section 938.06, as amended, effective July 1, 2010).
Accordingly, we strike the $100 indigent legal assistance lien imposed under section 938.29(l)(a), Florida Statutes, and the $20 court cost imposed under section 938.06(1), Florida Statutes (2008), in 1D12-2470 and 1D12-2472, and remand for correction of the sentencing errors. We affirm the convictions and sentences in all other respects.
AFFIRMED in part, REVERSED in part, REMANDED.
BENTON, C.J., RAY, and MAKAR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Mills v. State, 177 So. 3d 984 (Fla. 1st DCA 2015)…, 194 (Fla. 1st DCA 2014) (remanding with directions either to strike the $100 indigent legal assistance lien imposed pursuant to section 938.29, Florida Statutes (2009), or to give the defendant an opportunity to contest the lien); Youman v. State, 112 So. 3d 693, 694 (Fla. 1st DCA 2013) (striking a $100 indigent legal assistance lien imposed under section 938.29(l)(a), Florida Statutes (2008) without informing the defendant of his right to contest the amount of the lien, as required by section 938.29(5), Fl…
-
Terone Harrison v. State, 146 So. 3d 76 (Fla. 1st DCA 2014)…he “opportunity to object” to the cost of defense, even where the mandatory, minimum amount is imposed. See, e.g., Colson v. State, 114 So. 3d 415, 417 (Fla. 1st DCA 2013); Sharpe v. State, 115 So. 3d 1021, 1022 (Fla. 1st DCA 2013); Youman v. State, 112 So. 3d 693, 694 (Fla. 1st DCA 2013). Accordingly, we are constrained to reverse this $100.00 cost and remand for the trial court to advise Appellant of his right to a hearing to contest the amount of the indigent legal assistance lien. II. Certified Question…
-
Genard Chestnut v. State, 145 So. 3d 193 (Fla. 1st DCA 2014)…her strike the $100 indigent legal assistance lien or to give Chestnut an opportunity to contest the lien, see Sharpe v. State, 115 So. 3d 1021, 1022 (Fla. 1st DCA 2013), Colson v. State, 114 So. 3d 415, 417 (Fla. 1st DCA 2013), and Youman v. State, 112 So. 3d 693, 694 (Fla. 1st DCA 2013); and, in Case No. 1D13-1208, we remand for entry of a written probation revocation order, see Dunklin v. State, 135 So. 3d 349, 349 (Fla. 1st DCA 2013). In all other respects, we affirm the judgment and sentence and the revo…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- In re App. Court Response to Anders Briefs, 581 So. 2d 149 (Fla. 1991)
- Leondray Kirkland v. State, 106 So. 3d 4 (Fla. 1st DCA 2013)
- Long v. State, 886 So. 2d 280 (Fla. 1st DCA 2004)
- Laronald D. Spear v. State, 109 So. 3d 232 (Fla. 1st DCA 2013)
- Fidensio Gallegos v. State, 63 So. 3d 20 (Fla. 2d DCA 2011)