GLENDA FAYE LAKE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2015-03-06
No. 5D14-272
TORPY, C.J., and BERGER, J., concur.
159 So. 3d 306 Florida District Court of Appeal, Fifth District (2015) Positive Treatment
Cited by 2 cases
Topics
Public Defender Fees

Explore caselaw by topic → Browse Public Defender Fees cases and more on FLexlaw

Opinion of the Court
WALLIS, J.

WALLIS, J.

Appellant, Glenda Faye Lake, appeals her judgments and sentences for four counts of sale of cocaine and four counts of possession of cocaine arising from four separate cases. We reverse the $750 public defender fees imposed in each of the four cases because the fees were imposed without providing Appellant notice of her right to contest the fees as required by Florida Rule of Criminal Procedure 3.720(d)(1). Strong v. State, 140 So.3d 680, 681-82 (Fla. 5th DCA 2014) (“The trial court must also advise the defendant of his right to contest the [public defender] fee when it is orally imposed.” (citing Kirkland v. State, 106 So.3d 4, 5 (Fla. 1st DCA 2013))). Our reversal of the public defender fees is without prejudice for the trial court to reimpose the fees after complying with Rule 3.720(d)(1). See Rae v. State, 152 So.3d 94, 95 (Fla. 5th DCA 2014). We affirm all other aspects of the judgments and sentences without discussion.

AFFIRMED in part, REVERSED in part, and REMANDED.

TORPY, C.J., and BERGER, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Oldham v. Hillary E. Greene, 263 So. 3d 807 (Fla. 1st DCA 2018)
  • Manning v. State, 162 So. 3d 1082 (Fla. 5th DCA 2015)
    …imposing the enhanced fee at the sentencing hearing.2 Therefore, we strike the $500 public defender’s fee without prejudice and remand for an evidentiary hearing to consider the imposition of fees and costs in excess of $100, if any. Lake v. State, 159 So. 3d 306 (Fla. 5th DCA 2015). REVERSED and REMANDED for further proceedings. December 12, 2013 order modifying judgment and sentence VACATED. PALMER and EVANDER, JJ., concur. . Appellant was also convicted of a separate misdemeanor charge that is not at i…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw