Laurain v. State

District Court of Appeal of Florida

Laurain v. State

708 So. 2d 655, 1998 Fla. App. LEXIS 3434, 1998 WL 150769

CourtDistrict Court of Appeal of Florida

DecidedApril 3, 1998

DocketNo. 96-03451

StatusPublished

Cited by2 cases

This text of 708 So. 2d 655 (Laurain v. State) 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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Laurain v. State, 708 So. 2d 655, 1998 Fla. App. LEXIS 3434, 1998 WL 150769 (Fla. Ct. App. 1998).

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Opinion

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 hen.

At sentencing, the trial court imposed a public defender’s hen for $750.00 without advising the appellant of his right to a hearing to contest the amount of the hen 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 [656]*656943.25(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 ñle 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.

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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 hen.

At sentencing, the trial court imposed a public defender’s hen for $750.00 without advising the appellant of his right to a hearing to contest the amount of the hen 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 [656]*656943.25(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 ñle 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.

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708 So. 2d 655, 1998 Fla. App. LEXIS 3434, 1998 WL 150769, Counsel Stack Legal Research, https://law.counselstack.com/opinion/laurain-v-state-fladistctapp-1998.

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