JEREMIAH DAVIS
v.
STATE OF FLORIDA

Fla. 1st DCA | 2022-04-06
No. 20-3013
Bryan, J., Lewis, J., Kelsey, J., Nordby, J.
Florida District Court of Appeal, First District (2022)

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Holding

A trial court may not impose attorney's fees for court-appointed counsel against an indigent defendant personally when the Justice Administrative Commission is also ordered to pay the same fees.

Headnotes

[1] A trial court may not impose attorney's fees for court-appointed counsel against an indigent defendant personally when the Justice Administrative Commission is also order…

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Key Quotes

“We have found nothing in that statute, however, that would permit imposition of the fee against Appellant personally, and recovery from both the JAC and Appellant would be impermissible.”

Court's analysis of the sentencing error regarding double recovery of attorney's fees
Facts & Procedural History

Jeremiah Davis was declared indigent and appointed private counsel. At sentencing, the trial court imposed a $26,000 fee on Davis personally for appoi…

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Opinion of the Court
Nordby

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D20-3013 _____________________________

JEREMIAH DAVIS,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Madison County. Paul S. Bryan, Judge.

April 6, 2022

PER CURIAM.

Appellant’s counsel filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), and this Court has conducted its required review. See Fla. R. App. P. 9.140(g)(2)(A); Anders, 386 U.S. at 738; State v. Causey, 503 So. 2d 321 (Fla. 1987). Our review reveals that a sentencing error may exist. Here, Appellant was declared indigent; and after various conflicts, the court appointed him private counsel. At sentencing, the trial court imposed upon Appellant, personally, a $26,000 fee, presumably for court-appointed counsel’s attorney’s fees, which counsel stated he would be submitting to the Justice Administrative Commission. Counsel did, and after review and a

_____________________________

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

Jessica J. Yeary, Public Defender, and David A. Henson, Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.

Footnotes
2 hearing, the court ordered the JAC to pay appointed counsel $26,460. See § 27.5304(12), Fla. Stat. We have found nothing in that statute, however, that would permit imposition of the fee against Appellant personally, and recovery from both the JAC and Appellant would be impermissible. Accordingly, on the Court’s own motion and pursuant to Florida Rule of Appellate Procedure 9.140(g)(2)(B), the initial brief filed September 20, 2021, is stricken in order to permit the filing of a motion pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). Counsel for Appellant shall file the motion with the lower tribunal within twenty days of the date of this order, and the lower tribunal is directed to resolve the motion in accordance with rule 3.800(b)(2)(B). The clerk of the lower tribunal shall thereafter transmit a supplemental record on appeal pursuant to Florida Rule of Appellate Procedure 9.140(f)(6), and counsel for Appellant shall file an amended initial brief within twenty days following transmittal of the supplemental record. See Adams v. State, 197 So. 3d 641, 642 (Fla. 1st DCA 2016). LEWIS, KELSEY, and NORDBY, JJ., concur.

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