From Casetext: Smarter Legal Research

Brown v. State

District Court of Appeal of Florida, First District
Oct 15, 1996
681 So. 2d 834 (Fla. Dist. Ct. App. 1996)

Summary

holding that it is error to impose a fee without providing notice to the defendant of his right to contest the amount, and error to fail to include in the written order a citation of statutory authority for the fee

Summary of this case from Bright v. State

Opinion

No. 96-123.

October 15, 1996.

An appeal from the Circuit Court, Gadsden County, P. Kevin Davey, J.

Nancy A. Daniels, Public Defender; David P. Gauldin, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; James W. Rogers, Senior Assistant Attorney General, Tallahassee, for Appellee.


The instant case is presented pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Because we find no error affecting the conviction we affirm. We also affirm the sentence except in regard to certain costs and fees imposed as explained below.

In imposing a $125 fee for attorney fees for the public defender, the court did not provide notice to appellant of his right to contest the amount. Accordingly, this fee is stricken. L.A.D. v. State, 616 So.2d 106 (Fla. 1st DCA), review denied, 624 So.2d 268 (Fla. 1993). Accord Neal v. State, 669 So.2d 1113 (Fla. 1st DCA 1996). In addition, the written order does not contain a citation of statutory authority for imposition of the public defender fee or for the $2 for the County Law Enforcement Training Fund. Bryant v. State, 661 So.2d 1315 (Fla. 1st DCA 1995); Reyes v. State, 655 So.2d 111, 114 (Fla. 2d DCA 1995). Accordingly, we remand for the trial court to strike these improperly imposed discretionary costs without prejudice to their reimposition following the procedures outlined in Reyes and Bryant.

MINER, WEBSTER and LAWRENCE, JJ., concur.


Summaries of

Brown v. State

District Court of Appeal of Florida, First District
Oct 15, 1996
681 So. 2d 834 (Fla. Dist. Ct. App. 1996)

holding that it is error to impose a fee without providing notice to the defendant of his right to contest the amount, and error to fail to include in the written order a citation of statutory authority for the fee

Summary of this case from Bright v. State
Case details for

Brown v. State

Case Details

Full title:PAUL BROWN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Oct 15, 1996

Citations

681 So. 2d 834 (Fla. Dist. Ct. App. 1996)

Citing Cases

Waller v. State

The trial court imposed an $800 public defender lien without giving Mr. Waller notice of the lien and the…

Buckley v. State

We also affirm Buckley's sentence, with the exception of the cost of copies of medical records ($11), and of…