ANDREW JEFF COFFEE
v.
STATE OF FLORIDA

Fla. 4th DCA | 2018-11-07
No. 17-3537
257 So. 3d 1083 Florida District Court of Appeal, Fourth District (2018)

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Holding

A trial court must make factual findings to impose a public defender fee above the statutory minimum of $100, and absent such findings, the fee must be reduced to the statutory minimum or remanded for a hearing.


Headnotes

[1] A trial court must make express factual findings to impose a public defender fee exceeding the statutory minimum of $100, and absent such findings, the fee must be reduce…

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Facts & Procedural History

Andrew Jeff Coffee was convicted of attempted first-degree murder of a law enforcement deputy. The trial court imposed a public defender fee above the…

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Opinion of the Court

PER CURIAM. In this consolidated appeal we find no fundamental error based on the prosecutor’s closing argument in appellant’s trial for attempted first degree murder of a law enforcement deputy. We therefore affirm appellant’s judgment of conviction. However, because the trial court erred by imposing a public defender fee above the statutory minimum of $100 without making factual findings in support of the additional amount, we reverse the public defender fee and remand for the trial court to reduce the fee to $100 or hold a hearing. See Alexis v. State, 211 So. 3d 81 (Fla. 4th DCA 2017). Affirmed in part, Reversed in part, and Remanded. TAYLOR, CONNER and KUNTZ, JJ., concur.

* * * Not final until disposition of timely filed motion for rehearing.


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