TAREK MNEIMNE
v.
STATE OF FLORIDA

Fla. 5th DCA | 2025-02-21
No. 5D2023-2376
396 So. 3d 50 Florida District Court of Appeal, Fifth District (2025) Positive Treatment
Cited by 2 cases

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Synopsis

Tarek Mneimne appealed his first-degree felony murder conviction following an Anders review. The Fifth District affirmed his conviction and sentence but remanded to correct the public defender application fee, which was imposed at $100 instead of the statutory maximum of $50.


Holding

The court affirmed Mneimne's conviction and sentence for first-degree felony murder but reversed the $100 public defender application fee because it exceeded the statutory maximum of $50 and remanded for correction to the proper amount.


Headnotes

[1] Public defender application fees under section 27.52(1)(b), Florida Statutes, are capped at $50, and trial courts lack authority to impose fees in excess of the statutory…

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Key Quotes

“We affirm Appellant's conviction and sentence but remand for the correction of the $100 public defender application fee because it was imposed in excess of the statutory amount of $50 pursuant to section 27.52(1)(b), Florida Statutes.”

States the court's disposition: affirming conviction and sentence while reversing the excessive fee.

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Facts & Procedural History

Mneimne was convicted of first-degree felony murder in Volusia County. A public defender application fee of $100 was imposed as part of his sentence. …

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Opinion of the Court

February 21, 2025 WALLIS, J.

Tarek Mneimne (Appellant) seeks Anders1 review of the judgment and sentence entered against him following his conviction for first-degree felony murder. We affirm Appellant’s conviction and sentence but remand for the correction of the $100 public defender application fee because it was imposed in excess of the statutory amount of $50 pursuant to section 27.52(1)(b), Florida Statutes. See Alexis v. State, 211 So. 3d 81, 83 (Fla. 4th DCA 2017); Simmons v. State, 24 So. 3d 636, 638 (Fla. 2d DCA 2009). On remand, the fee should be reduced to $50. See §27.52(1)(b), Fla. Stat.; Dortch v. State, 396 So. 3d 50 (Fla. 5th DCA 2024); Einsmann v. State, 293 So. 3d 634, 635 (Fla. 5th DCA 2020); Robinson v. State, 256 So. 3d 217, 218 (Fla. 5th DCA 2018); Alexis, 211 So. 3d at 83.

AFFIRMED in part, REVERSED in part. REMANDED with instructions. MAKAR and LAMBERT, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________ 1 Anders v. California, 386 U.S. 738 (1967).


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Citator

Cited By

  • Tarek Mneimne v. State, 396 So. 3d 50 (Fla. 5th DCA 2025)
    …27.52(1)(b), Florida Statutes. See Alexis v. State, 211 So. 3d 81, 83 (Fla. 4th DCA 2017); Simmons v. State, 24 So. 3d 636, 638 (Fla. 2d DCA 2009). On remand, the fee should be reduced to $50. See §27.52(1)(b), Fla. Stat.; Dortch v. State, 396 So. 3d 50 (Fla. 5th DCA 2024); Einsmann v. State, 293 So. 3d 634, 635 (Fla. 5th DCA 2020); Robinson v. State, 256 So. 3d 217, 218 (Fla. 5th DCA 2018); Alexis, 211 So. 3d at 83. AFFIRMED in part, REVERSED in part. REMANDED with instructions. MAKAR an…
  • Richards v. Silver (Fla. 4th DCA 2026)

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