CAROLOS RODRIGUEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that discretionary costs and public defender liens assessed without notice and opportunity to be heard must be stricken.
Appellant was assessed discretionary costs and a public defender lien without being informed of his right to contest them or having them specifically …
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GOSHORN, Judge.
In this Anders appeal,1 minor cost issues were raised by the appellate public defender. The community control order and probation order imposed in this case each assessed appellant $100 pursuant to section 893.16, Florida Statutes (1995), for the county drug abuse trust fund. As this is a discretionary cost, appellant should have been given notice and an opportunity to be heard. The record shows that this cost was not specifically mentioned at sentencing. The court only informed appellant that costs would be imposed in the amount of $355, without separating the mandatory from the discretionary costs. This cost must therefore be stricken. See Williams v. State, 580 So. 2d 326 (Fla. 5th DCA 1991).
The trial court also imposed a public defender hen in the amount of $150 without informing appellant of his right to contest the amount, contrary to Florida Rule of Criminal Procedure 3.720(d)(1). See Bull v. State, 548 So. 2d 1103 (Fla.1989). Thus, this public defender hen must also be stricken. In ah other respects the orders of community control and probation are affirmed.
AFFIRMED IN PART; DISCRETIONARY COST AND PUBLIC DEFENDER LIEN STRICKEN.
HARRIS and GRIFFIN, JJ., concur. . See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493, reh’g denied, 388 U.S. 924, 87 S.Ct. 2094, 18 L.Ed.2d 1377 (1967).
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Citator
Cited By
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L.G. v. State, 702 So. 2d 1337 (Fla. 5th DCA 1997)…e allege, that L.G. or his attorney were even aware that such a lien had been imposed at the November 21, 1997 hearing. Without notice and opportunity to be heard on the assessment of attorney fees, the lien must be stricken. See Rodriguez v. State, 676 So. 2d 50 (Fla. 5th DCA 1996). Finally, L.G. argues that the court lacked jurisdiction to require that his mother, Mrs. Green, attend parenting classes. Indeed, the court’s intent and motive in this regard is admirable and understandable. Delinquent behavior…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Bull v. State, 548 So. 2d 1103 (Fla. 1989)
- Potter v. California, 388 U.S. 924 (U.S. 1967)
- Erskin Alfonzo Williams v. State, 580 So. 2d 326 (Fla. 5th DCA 1991)