CISCELY A. MACK
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A trial court may not impose a public defender fee exceeding the statutory minimum without providing notice to the defendant of the amount and right to contest the fee, though a fee agreed to in a plea agreement is valid.
[1] A public defender fee exceeding the statutory minimum imposed pursuant to Florida Statute section 938.29 must be preceded by notice to the defendant of the fee amount and…
[2] A public defender fee to which a defendant agrees as part of a plea agreement is valid and enforceable and does not require statutory notice and hearing procedures.
Previewing 2 of 2 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“hold a hearing with proper notice to obtain evidence in support of a public defender fee in an amount greater than the statutory minimum”
Court's instruction to trial court on remand regarding fee in case 17-7370
Ciscely Mack appealed sentences from two Broward County criminal cases. In case 17-7370, the trial court imposed a $300 public defender fee without no…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
PER CURIAM.
Ciscely Mack appeals several criminal sentences. Among other issues, she contends that the trial court erroneously imposed a public defender fee of $300 in lower tribunal case number 17-7370 CF10A without providing her notice of the amount and of her right to contest the fee. See § 938.29(1)(a), Fla. Stat. (2018); Fla. R. Crim. P. 3.720(d)(1). The state concedes error, and we agree.
Consequently, we reverse and remand for the trial court to either reduce the fee to the statutory minimum or “hold a hearing with proper notice to obtain evidence in support of a public defender fee in an amount greater than the statutory minimum.” Alexis v. State, 211 So. 3d 81, 83 (Fla. 4th DCA 2017).
With respect to the public defender fee in case number 17-11234 CF10A, we affirm because Mack agreed to pay this fee as part of her plea agreement. See Davis v. State, 677 So. 2d 1366, 1368 (Fla. 4th DCA 1996).
As to the remaining argument, we affirm without further discussion. Affirmed in part, reversed in part, and remanded with instructions. CIKLIN, GERBER and FORST, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Geraldo Alexis v. State, 211 So. 3d 81 (Fla. 4th DCA 2017)
- Chauncey L. Davis v. State, 677 So. 2d 1366 (Fla. 4th DCA 1996)