Florida District Courts of Appeal, 1998

Laurain v. State

Florida District Courts of Appeal · Decided April 3, 1998 · Casanueva, Patterson, Threadgill

708 So. 2d 655; 1998 Fla. App. LEXIS 3434; 1998 WL 150769 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Miller v. State (Fla. Dist. Ct. App. 2005)
Holm v. State (Fla. Dist. Ct. App. 2001)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

THREADGILL, Acting Chief Judge.

The appellant, Joseph Laurain, appeals a judgment and sentence for the crime of escape. We affirm the judgment and sentence. We, however, strike a court cost and remand for the appellant to be given the opportunity to object to the amount of the public defender’s hen.

At sentencing, the trial court imposed a public defender’s hen for $750.00 without advising the appellant of his right to a hearing to contest the amount of the hen as required by Florida Rule of Criminal Procedure 3.720(d)(1). It also imposed a discretionary court cost of $2.00, pursuant to section *656943.25(13), Florida Statutes (1995), without individually announcing the cost at sentencing as required by Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995). We therefore strike the $2.00 court cost and remand for the appellant to be given thirty days from the date of mandate to ñle a written objection to the amount assessed for public defender’s fees. See Waldron v. State, 677 So.2d 393 (Fla. 2d DCA 1996).

Affirmed; remanded.

PATTERSON and CASANUEVA, JJ., concur.

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