GENARD CHESTNUT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Genard Chestnut appealed his convictions for attempted second-degree murder and firearm possession by a convicted felon, as well as probation revocation. The appellate court affirmed the convictions and probation revocation but remanded for correction of two sentencing errors: removal or contestation of an indigent legal assistance lien and entry of a written probation revocation order.
The court affirmed the convictions and probation revocation but remanded for correction of the two sentencing errors: the trial court must either strike the $100 indigent legal assistance lien or provide Chestnut an opportunity to contest it, and must enter a written probation revocation order.
[1] A trial court must provide a defendant an opportunity to contest the imposition of an indigent legal assistance lien.
[2] A probation revocation requires a written order.
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Join FLexlaw to unlock all legal intelligence“we remand for the trial court to either strike the $100 indigent legal assistance lien or to give Chestnut an opportunity to contest the lien”
Establishes the remedy for the sentencing error regarding the indigent legal assistance lien.
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Join FLexlaw to unlock all legal intelligenceChestnut was convicted of attempted second-degree murder and possession of a firearm by a convicted felon. His probation was subsequently revoked base…
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Genard Chestnut appeals his judgment and sentence for attempted second-degree murder and possession of a firearm by a convicted felon (Case No. 1D13-1207) and the revocation of his probation based upon these new law violations (Case No. 1D13-1208). We previously consolidated these cases for briefing and we now consolidate them for disposition.
Chestnut’s appointed appellate counsel filed an Anders1 brief asserting that she is unable to make a good faith argument that fundamental or reversible error occurred in the trial court, except for two minor sentencing errors that were raised in rule *1943.800(b)(2) motions but were not corrected by the trial court: (1) the imposition of the $100 indigent legal assistance lien under section 938.29, Florida Statutes (2009), in the new law violation case without giving Chestnut the opportunity to contest the lien; and (2) the failure to enter a written probation revocation order. Chestnut filed a pro se brief raising eight issues.2
After reviewing the issues raised by Chestnut and completing our independent review of the record, we issued an order directing the State to show cause why we should not remand for correction of the sentencing errors raised in the Anders brief. Cf. State v. Causey, 503 So.2d 321, 323 (Fla.1987). Having fully considered the arguments in the State’s response to the show cause order, we remand for correction of the sentencing errors raised in the Anders brief. Specifically, in Case No. 1D13-1207, we remand for the trial court to either 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 revocation of Chestnut’s probation.
AFFIRMED and REMANDED with directions.
BENTON, WETHERELL, and MARSTILLER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wilson v. State, 164 So. 3d 806 (Fla. 1st DCA 2015)…ndant] of his right to a hearing to contest the amount of the fees.”). We therefore remand for the trial court to either strike the $150 Public Defender lien or give Appellant the opportunity to contest the amount of the lien. See Chestnut v. State, 145 So. 3d 193, 194 (Fla. 1st DCA 2014). AFFIRMED; REMANDED with directions. THOMAS, MARSTILLER, and BILBREY, JJ., concur.…
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Danterrius L. Holton v. State (Fla. 1st DCA 2021)…for the same reason. Holton argues the trial court erred by failing to enter a written order of revocation of probation in one of his cases. But he did not preserve this argument by raising the issue in a rule 3.800(b) motion. Cf. Chestnut v. State, 145 So. 3d 193, 194 (Fla. 1st DCA 2014) (remanding for entry of a written order of revocation of probation after the appellant preserved the issue in a rule 3.800(b)(2) motion), receded from on other grounds, Mills v. State, 177 So. 3d 984 (Fla. 1st DCA 2015). I…
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Danterrius L. Holton v. State (Fla. 1st DCA 2021)…for the same reason. Holton argues the trial court erred by failing to enter a written order of revocation of probation in one of his cases. But he did not preserve this argument by raising the issue in a rule 3.800(b) motion. Cf. Chestnut v. State, 145 So. 3d 193, 194 (Fla. 1st DCA 2014) (remanding for entry of a written order of revocation of probation after the appellant preserved the issue in a rule 3.800(b)(2) motion), receded from on other grounds, Mills v. State, 177 So. 3d 984 (Fla. 1st DCA 2015). I…
Previewing 3 of 9 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)
- State v. Causey, 503 So. 2d 321 (Fla. 1987)
- In re App. Court Response to Anders Briefs, 581 So. 2d 149 (Fla. 1991)
- Kalvin Youman v. State, 112 So. 3d 693 (Fla. 1st DCA 2013)
- Tucker v. State, 114 So. 3d 415 (Fla. 1st DCA 2013)
- Fredrick Colson v. State, 114 So. 3d 415 (Fla. 1st DCA 2013)
- Watson v. State, 115 So. 3d 1021 (Fla. 1st DCA 2013)
- Sharpe v. State, 115 So. 3d 1021 (Fla. 1st DCA 2013)
- Dunklin v. State, 135 So. 3d 349 (Fla. 1st DCA 2013)
- Simmie Kendry v. Meadowlark Real Est., LLC, 135 So. 3d 349 (Fla. 1st DCA 2013)