Neal v. State
| Decision Date | 19 March 1996 |
| Docket Number | Nos. 94-4298,95-2911,s. 94-4298 |
| Citation | 669 So.2d 1113 |
| Parties | 21 Fla. L. Weekly D683 Justice Anthony NEAL, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
An appeal from the Circuit Court for Bay County; Clinton E. Foster, Judge.
Nancy A. Daniels, Public Defender; Alisa Smith, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General; Patrick Martin, Assistant Attorney General, Tallahassee, for Appellee.
In these two consolidated direct criminal appeals, appellant raises four issues: (1) whether the consecutive sentences imposed by the trial court impermissibly exceeded the maximum sentence permitted by the guidelines; (2) whether the trial court impermissibly imposed a $4.00 cost for the law library and a $2.00 cost for the Gulf Coast Criminal Justice Assessment; (3) whether the trial court impermissibly imposed costs on a per-count basis; and (4) whether the trial court impermissibly imposed a public defender's lien without advising appellant of his right to contest its amount. We affirm the imposition of costs associated with the law library and the Gulf Coast Criminal Justice Assessment. In all other respects, we reverse.
As the state correctly concedes, the maximum permitted guidelines sentence for the offenses of which appellant had been convicted is 4 1/2 years. Therefore, the two consecutive sentences imposed which, together, add up to 5 1/2 years, must be vacated, and the cases remanded for resentencing within the guidelines. Kelly v. State, 616 So.2d 100 (Fla. 1st DCA 1993).
The state correctly argues that it was not error to impose costs attributable to the law library and the Gulf Coast Criminal Justice Assessment, as those costs were established by a special act which was published in the Laws of Florida. Ch. 69-835, § 7, at 106, Laws of Fla.; ch. 89-521, § 7, at 405, Laws of Fla. See Hunter v. State, 651 So.2d 1258 (Fla. 1st DCA 1995). However, the state concedes that it was error to assess costs on a per-count basis. E.g., Renaud v. State, 660 So.2d 408 (Fla. 1st DCA 1995); Hunter, 651 So.2d at 1260. Accordingly, on remand, the trial court is directed to assess costs on a per-case basis only.
This court has repeatedly reversed a public defender's lien imposed without informing the defendant of the right to contest its amount. E.g., Bryant v. State, 661 So.2d 1315 (Fla. 1st DCA 1995); L.A.D. v. State, 616 So.2d 106 (Fla. 1st DCA), ...
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Brown v. State, 96-123
...this fee is stricken. L.A.D. v. State, 616 So.2d 106 (Fla. 1st DCA), review denied, 624 So.2d 268 (Fla.1993). Accord Neal v. State, 669 So.2d 1113 (Fla. 1st DCA 1996). In addition, the written order does not contain a citation of statutory authority for imposition of the public defender fee......