Laurain v. State

Full title: JOSEPH LAURAIN, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Apr 3, 1998

708 So. 2d 655 (Fla. Dist. Ct. App. 1998)

Opinion

Case No. 96-03451

Opinion filed April 3, 1998.

Appeal from the Circuit Court for Pinellas County; Charles W. Cope, Judge.

James Marion Moorman, Public Defender, Bartow, and Frank D. Winstead, Assistant Public Defender, Clearwater, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Johnny T. Salgado, Assistant Attorney General, Tampa, for Appellee.

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 lien.

At sentencing, the trial court imposed a public defender's lien for $750.00 without advising the appellant of his right to a hearing to contest the amount of the lien 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 943.25(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 file 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.