Summary
reversing $300 public defender’s fee and remanding either for a reduction in the fee to the statutory minimum amount required, or notice to the defendant and an opportunity to object to the greater amount at a hearing
Summary of this case from Smart v. StateOpinion
No. 4D14–4233.
12-09-2015
Michael GODFREY, Appellant, v. STATE of Florida, Appellee.
Carey Haughwout, Public Defender, and Peggy Natale, Assistant Public Defender, West Palm Beach, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Luke R. Napodano, Assistant Attorney General, West Palm Beach, for appellee.
Carey Haughwout, Public Defender, and Peggy Natale, Assistant Public Defender, West Palm Beach, for appellant.
Pamela Jo Bondi, Attorney General, Tallahassee, and Luke R. Napodano, Assistant Attorney General, West Palm Beach, for appellee.
Opinion
PER CURIAM.
We grant the public defender's motion to withdraw as counsel pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We affirm appellant's conviction for failure to register as a sex offender and his sentence, except for the trial court's imposition of the $300 public defender fee. The trial court failed to make factual findings warranting the imposition of the additional $300. § 938.29, Fla. Stat. (2014); Maestas v. State, 76 So.3d 991, 993 (Fla. 4th DCA 2011) (citing Houle v. State, 33 So.3d 822, 823 (Fla. 4th DCA 2010)). We therefore remand to the trial court to reduce the public defender fee to the statutorily required $100 or to provide appellant proper notice and a hearing at which he can object to the greater amount imposed.
Affirmed in part, reversed and remanded in part.
GERBER, LEVINE and KLINGENSMITH, JJ., concur.