Angel Rodriguez v. State
202 So. 3d 460
| Fla. Dist. Ct. App. | 2016Background
- Angel Rodriguez, pro se, appealed the summary denial of motions filed under Fla. R. Crim. P. 3.800(a) and 3.850 challenging sentencing matters, including a $200 public defender fee.
- The trial court denied the fee challenge, finding the record showed Rodriguez was asked at sentencing whether he would challenge the $200 fee and that he declined.
- Rodriguez argued the court imposed the $200 public defender lien without making factual findings and without properly informing him of his right to contest the lien.
- The Fifth District reviewed the sentencing transcript excerpt where the court asked, “Do you have any challenge to the first $200 of that amount?” and Rodriguez responded, “No, Sir.”
- The court held that the brief on-the-record response was insufficient to constitute a valid waiver of the right to a hearing to contest the lien and found the trial court failed to attach sufficient records to refute Rodriguez’s claim.
- The appellate court affirmed all other aspects of the denial but reversed and remanded solely on the public defender fee issue for either records showing proper advisement or for an evidentiary hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of $200 public defender lien — notice and waiver | Rodriguez: fee imposed without required notice or factual findings; his brief answer did not waive right to contest | State: transcript shows court asked if he would challenge the $200 and Rodriguez said no, so claim is refuted | Reversed and remanded — transcript response insufficient; trial court must attach records proving advisement or hold evidentiary hearing |
| Proper procedural vehicle — Rule 3.800(a) vs 3.850 | Rodriguez proceeded under 3.800(a) but included proper oath and timely filing | State implicitly relied on 3.800(a) denial | Court treated claim as properly raised under Rule 3.850 and addressed merits of fee issue |
Key Cases Cited
- Richie v. State, 777 So. 2d 977 (Fla. 2d DCA 1999) (notice required at sentencing of right to hearing to contest public defender lien)
- Norris v. State, 659 So. 2d 1352 (Fla. 5th DCA 1995) (brief defendant response at sentencing does not constitute valid waiver of lien contest right)
- Lewis v. State, 629 So. 2d 1051 (Fla. 2d DCA 1993) (if record lacks proof of advisement, remand for hearing or attachment of records)
- Basham v. State, 695 So. 2d 887 (Fla. 2d DCA 1997) (error to impose public defender lien without required notice)