Florida District Courts of Appeal, 2016

Lopez v. State

Lopez v. State
Florida District Courts of Appeal · Decided August 5, 2016 · Kelly, Black, Salario
198 So. 3d 958; 2016 Fla. App. LEXIS 11824; 2016 WL 4159259 (Southern Reporter, Third Series)

Lopez v. State

Opinion

KELLY, Judge.

Sara Lopez appeals from her judgment and sentence for trafficking, in oxycodone and contributing to the delinquency of a minor. We affirm her judgment and sentence without comment, with the exception of a cost issue Lopez preserved in her motion to correct sentencing error filed under Florida Rule of Criminal Procedure 3.800(b)(2).

Lopez correctly argues the trial court’s imposition of $4504 for the cost of her defense must be stricken because it is not supported by documentation in the record. See § 938.29, Fla Stat. (2012); Gilchrist v. State, 674 So.2d 847, 848 (Fla. 2d DCA 1996). We also strike this cost because Lopez was not advised at sentencing of her right, to a hearing to contest the amount of the cost as required by. Florida Rule of Criminal Procedure 3.720(d)(1). See *959 McGee v. State, 968 So.2d 931 (Fla. 2d DCA 2007). Lopez shall have thirty days from our mandate to file a written objection .to the amount assessed for the defense cost. See id. at 932. If she files an objection, the court shall hold a hearing. If she fails to timely object, the court-may reimpose the cost without a hearing. See id.

Accordingly, we affirm Lopez’s judgment and ..sentence, strike the $4504 defense cost, and .remand for further proceedings. , .

BLACK and SALARIO, JJ., Concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.