MAIY HESTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Maiy Hester appeals her conviction for robbery with a deadly weapon. The appellate court affirms the conviction and sentence but strikes certain probation conditions and a public defender fee lien that were imposed without proper procedural compliance.
The public defender fee lien must be struck because it was not imposed in compliance with Florida Rule of Criminal Procedure 3.720(d)(1), but may be reimposed on remand if proper notice and opportunity to object are provided. The probation condition requiring payment to the Correctional Officer Training Fund must be struck because that fund was merged in 1986 and cannot be reimposed. The drug testing fee must be struck because special conditions of probation must be orally announced at sentencing, and this one was not.
[1] A public defender's lien for fees may be reimposed on remand if the defendant is given notice and an opportunity to object, as required by Florida Rule of Criminal Proced…
[2] A special condition of probation requiring payment to the Correctional Officer Training Fund will be stricken if that fund has been merged into another fund and a separat…
Previewing 2 of 4 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“In this case, the lien for public defender fees was imposed without advising defendant of the opportunity to object, although the fee was announced at sentencing.”
Establishes that procedural notice and opportunity to object are required, not merely announcement of the fee
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Join FLexlaw to unlock all legal intelligenceHester was convicted by jury of robbery with a deadly weapon. At sentencing, the trial court imposed a public defender fee lien, a special probation c…
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W. SHARP, Judge.
Hester appeals from her conviction and sentence after a jury found her guilty of robbery with a deadly weapon. We affirm in all regards except for the imposition of a public defender’s lien for fees, and two special conditions for probation: one requiring payment of $2.00 per month to the Correctional Officer Training Fund; the other, assessing $30.00 for “Drug Testing Fees.”
In this case, the lien for public defender fees was imposed without advising defendant of the opportunity to object, although the fee was announced at sentencing. This fee is part of the “charges/costs fees” portion of the Standard Forms for Judgment and Sentence. On remand, the trial judge may reimpose the fee, after complying with Florida Rule of Criminal Procedure 3.720(d)(1), by giving the defendant notice and an opportunity to object.
We strike the special condition of probation requiring payment of $2.00 per month to the Correctional Officer Training Fund. That fund was merged with the Criminal Justice Training Trust Fund in 1986.1 In this case, a fee was separately assessed for that surviving fund.
We also strike the special condition which assessed $30.00 for a “Drug Testing Fee.” This assessment was not separately announced at sentencing. Failure to orally announce special conditions of probation at sentencing, as opposed to general conditions,2 which are set forth in the probation form in the rules of criminal procedure, requires us to strike this special condition.
Accordingly we strike the two special conditions discussed above. On remand none of the special conditions above can be reimposed. Justice v. State, 674 So. 2d 123 (Fla.1996). We strike the lien for public defender fees because it was not entered in compliance with Florida Rule of Criminal Procedure 3.720(d)(1). On remand, after giving the defendant notice and an opportunity to object, the trial court may reimpose the public defender lien for fees.
AFFIRMED in part, Special Conditions of Probation and Public Defender Lien STRICKEN; REMANDED.
DAUKSCH and COBB, JJ., concur. . Ch. 86-187, § 11, Laws of Fla. . See State v. Hart, 668 So. 2d 589 (Fla.1996).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Hart, 668 So. 2d 589 (Fla. 1996)
- Justice v. State, 674 So. 2d 123 (Fla. 1996)