Lopez v. State
Lopez v. State
Opinion
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. , .
Case-law data current through December 31, 2025. Source: CourtListener bulk data.