JEVARIS N. DORTCH
v.
STATE OF FLORIDA

Fla. 5th DCA | 2024-10-25
No. 5D2023-3547
2024 FL 12382 Florida District Court of Appeal, Fifth District (2024) Positive Treatment
Cited by 1 case

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Holding

A public defender application fee must not exceed $50 under Florida Statute § 27.52(1)(b), and any assessment of a $100 fee is reversible error.

Headnotes

[1] The public defender application fee under Florida Statute § 27.52(1)(b) may not exceed fifty dollars.

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Facts & Procedural History

Jevaris N. Dortch was convicted in Citrus County Circuit Court and received a judgment and sentence that included a $100 public defender application f…

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Topics
Public Defender Application Fee Anders Appeal Statutory Construction Statutory Interpretation

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Opinion of the Court

October 25, 2024 PER CURIAM. In this Anders1 appeal, we affirm Jevaris N. Dortch’s judgment and sentence in every respect except one. We reverse the assessment of the $100 public defender application fee and remand

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

_____________________________

Footnotes
1 Anders v. California, 386 U.S. 738 (1967). for the reduction of that fee to $50. See § 27.52(1)(b), Fla. Stat. (2023); Einsmann v. State, 293 So. 3d 634, 635 (Fla. 5th DCA 2020). AFFIRMED in part; REVERSED in part; and REMANDED with directions. WALLIS, JAY, and HARRIS, JJ., concur.

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Citator

Cited By

  • Tarek Mneimne v. State, 396 So. 3d 50 (Fla. 5th DCA 2025)
    …211 So. 3d 81, 83 (Fla. 4th DCA 2017); Simmons v. State, 24 So. 3d 636, 638 (Fla. 2d DCA 2009). On remand, the fee should be reduced to $50. See §27.52(1)(b), Fla. Stat.; Dortch v. State, 396 So. 3d 50 (Fla. 5th DCA 2024); Einsmann v. State, 293 So. 3d 634, 635 (Fla. 5th DCA 2020); Robinson v. State, 256 So. 3d 217, 218 (Fla. 5th DCA 2018); Alexis, 211 So. 3d at 83. AFFIRMED in part, REVERSED in part. REMANDED with instructions. MAKAR and LAMBERT, JJ., concur. _____________________________…

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