CHRISTOPHER VANDAWALKER
v.
STATE OF FLORIDA
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When imposing the statutory minimum public defender fee, the trial court need not announce the imposition or inform the defendant of a right to contest the fee, but prosecution costs may not be imposed without a statutory request in the record.
[1] When imposing the statutory minimum public defender fee, a trial court is not required to announce the imposition of the fee or inform the defendant of a right to contest…
[2] Prosecution costs under section 938.27(1), Florida Statutes, may not be imposed unless a statutory request for such costs appears in the record.
Previewing 2 of 2 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“When imposing the statutory minimum, the trial court need not announce the imposition of the public defender's fee or inform the defendant of a right to contest the fee.”
Florida Supreme Court's holding in State v. J.A.R., cited as controlling authority for the public defender fee issue.
Christopher Vandawalker was sentenced to probation with conditions including a $100 public defender fee and $100 prosecution costs. Vandawalker appeal…
The full statement of facts, procedural history, and disposition for this case are member content.
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DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
CHRISTOPHER VANDAWALKER, Appellant,
V.
STATE OF FLORIDA, Appellee.
No. 2D18-4977
December 1, 2021
Appeal from the Circuit Court for Sarasota County; Charles E. Roberts, Judge.
Howard L. Dimmig, II, Public Defender, and Tosha Cohen, Assistant Public Defender, Bartow, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Lindsay D. Turner, Assistant Attorney General, Tampa, for Appellee.
ON REMAND FROM THE FLORIDA SUPREME COURT
SLEET, Judge.
This case is before us on remand from the Florida Supreme Court, which quashed this court's opinion in Vandawalker v. State, 310 So. 3d 483 (Fla. 2020), and remanded it to this court for reconsideration in light of its decision in State v. J.A.R., 318 So. 3d 1256 (Fla. 2021). Although this court originally reversed the imposition of the $100 statutory minimum public defender fee, the Florida Supreme Court has since held that "[w]hen imposing the statutory minimum, the trial court need not announce the imposition of the public defender's fee or inform the defendant of a right to contest the fee." J.A.R., 318 So. 3d at 1259. Accordingly, we now affirm the imposition of the $100 public defender fee. On remand, the trial court should reimpose the $100 public defender fee if it has not already done so. Vandawalker need not be present for the reimposition of the fee.
Additionally, as a condition of probation, the trial court ordered Vandawalker to pay $100 for the costs of prosecution. Vandawalker preserved this issue in a motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). As we did in our first opinion, we reverse the imposition of the prosecution costs. The plain language of section 938.27(1), Florida
Statutes (2018), requires that prosecution costs be requested. Since the record contains no such request, we reverse the imposition of the costs of prosecution. See Davis v. State, 286 So. 3d 898, 899 (Fla. 2d DCA 2019). The costs may not be reimposed on remand. See id.
Affirmed in part, reversed in part, and remanded.
CASANUEVA and SMITH, JJ., Concur.
Opinion subject to revision prior to official publication.