HAROLD CLIFFORD BIELEC JR.
v.
STATE OF FLORIDA

Fla. 1st DCA | 2020-06-12
No. 18-2763
Register, J., Wolf, J., Kelsey, J., Winokur, J.
Florida District Court of Appeal, First District (2020)

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.


Holding

A trial court errs in imposing a public defender fee without evidence supporting the costs of investigation and must conduct a hearing before reimposing such costs.


Headnotes

[1] A trial court must have evidentiary support for the costs of investigation before imposing a public defender fee under section 938.29(1)(a), Florida Statutes, and must co…

Previewing 1 of 1 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

Key Quotes

“We find the trial court erred in imposing the public defender fee of $250 without evidence to support the costs of investigation pursuant to section 938.29(1)(a), Florida Statutes.”

Court's explanation of the error in imposing costs

Facts & Procedural History

Harold Clifford Bielec Jr. was convicted in Walton County Circuit Court and appealed both the denial of his motion for judgment of acquittal and the t…

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.


Opinion of the Court
Winokur

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D18-2763 _____________________________

HAROLD CLIFFORD BIELEC JR.,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Walton County. Allen L. Register, Judge.

June 12, 2020

PER CURIAM.

The appellant raises two issues on appeal. We affirm the first issue, finding the trial court’s denial of the defense motion for judgment of acquittal was proper. The appellant also challenges the trial court’s imposition of costs at sentencing. We find the trial court erred in imposing the public defender fee of $250 without evidence to support the costs of investigation pursuant to section 938.29(1)(a), Florida Statutes. We also find a scrivener’s error that incorrectly identified the $100 Local Government Trust Fund fee as a “misdemeanor-imposed” fee. We remand for the trial court to correct the scrivener’s error and to conduct a hearing to address the amount of the public defender fee. On remand, the court may reimpose these costs after following the proper procedure. See Hogle v. State, 250 So. 3d 178 (Fla. 1st DCA 2018). We find no error with respect to the remaining aspects of the sentence.

2

WOLF, KELSEY, and WINOKUR, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Andy Thomas, Public Defender, and Kathryn Lane, Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, and Quentin Humphrey, Assistant Attorney General, Tallahassee, for Appellee.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw