Bobby Bernard Bradshaw v. State of Florida

District Court of Appeal of Florida

Bobby Bernard Bradshaw v. State of Florida

148 So. 3d 831

CourtDistrict Court of Appeal of Florida

DecidedOctober 22, 2014

Docket1D14-0724

StatusPublished

Cited by1 cases

This text of 148 So. 3d 831 (Bobby Bernard Bradshaw v. State of Florida) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bobby Bernard Bradshaw v. State of Florida, 148 So. 3d 831 (Fla. Ct. App. 2014).

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Opinion

PER CURIAM.

Bobby Bradshaw seeks review pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967) of the judgment of and sentence entered against him on one count each of sale and possession of cocaine, in violation of sections 893.13(l)(a)(l), and 893.13(6)(a), Florida Statutes, respectively, following his open plea of nolo contendere. Our review of the record reveals only one reversible error: the imposition in the written sentence of a $100 “Appointed Counsel Attorney Fee,” pursuant to section 938.29, Florida Statutes. The trial court failed to inform the defendant, as required by the statute, of his right to a hearing to dispute the amount of the indigent legal assistance lien created by the imposition of the cost of defense. See § 938.29(l)(a) and (6), Fla. Stat.; Sharpe v. State, 115 So.3d 1021, 1022 (Fla. 1st-DCA 2013); Colson v. State, 114 So.3d 415, 417 (Fla. 1st DCA 2013); Youman v. State, 112 So.3d 693, 694 (Fla. 1st DCA 2013); DeSalvo v. State, 107 So.3d 1185, 1186-87 (Fla. 1st DCA 2013).

Accordingly, we reverse the $100 Appointed Counsel Attorney Fee. On remand, the trial court may reimpose the fee if it follows the correct procedure in doing so. In all other respects, the judgment and sentence are affirmed.

VAN NORTWICK, PADOVANO, and MARSTILLER, JJ., concur.

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PER CURIAM.

Bobby Bradshaw seeks review pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967) of the judgment of and sentence entered against him on one count each of sale and possession of cocaine, in violation of sections 893.13(l)(a)(l), and 893.13(6)(a), Florida Statutes, respectively, following his open plea of nolo contendere. Our review of the record reveals only one reversible error: the imposition in the written sentence of a $100 “Appointed Counsel Attorney Fee,” pursuant to section 938.29, Florida Statutes. The trial court failed to inform the defendant, as required by the statute, of his right to a hearing to dispute the amount of the indigent legal assistance lien created by the imposition of the cost of defense. See § 938.29(l)(a) and (6), Fla. Stat.; Sharpe v. State, 115 So.3d 1021, 1022 (Fla. 1st-DCA 2013); Colson v. State, 114 So.3d 415, 417 (Fla. 1st DCA 2013); Youman v. State, 112 So.3d 693, 694 (Fla. 1st DCA 2013); DeSalvo v. State, 107 So.3d 1185, 1186-87 (Fla. 1st DCA 2013).

Accordingly, we reverse the $100 Appointed Counsel Attorney Fee. On remand, the trial court may reimpose the fee if it follows the correct procedure in doing so. In all other respects, the judgment and sentence are affirmed.

VAN NORTWICK, PADOVANO, and MARSTILLER, JJ., concur.

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148 So. 3d 831, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bobby-bernard-bradshaw-v-state-of-florida-fladistctapp-2014.

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