Harrison v. State
146 So. 3d 76
| Fla. Dist. Ct. App. | 2014Background
- Terone Harrison was convicted of burglary of a dwelling with person assaulted, aggravated battery with a deadly weapon, and criminal mischief; this appeal followed.
- Appellate counsel filed an Anders "no merit" brief, except preserving alleged sentencing errors via a Rule 3.800(b)(2) motion.
- Harrison’s Rule 3.800(b)(2) motion challenged: incorrect statutory amounts reflected for two fines/costs, and two $100 assessments labeled "cost of prosecution" and "cost of defense" imposed without statutory citation or required notice of right to a hearing.
- The trial court did not rule within 60 days, so the motion was deemed denied.
- The appellate court affirmed convictions but remanded to correct sentencing errors: reduce a $230 fine to the statutory $225 and reduce $415 court cost to the statutory $50, and vacate and remand the $100 cost-of-defense assessment for failure to advise defendant of hearing right.
- The court addressed whether Anders briefs remain an appropriate vehicle for raising and preserving minor sentencing errors when Rule 3.800(b) provides a trial-court remedy, and certified a question of great public importance on that issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Incorrect assessment under §938.05 amount | State argued fine citation supports assessment | Harrison argued fine exceeds statutory $225 | Court reversed; instructed reduction to $225 |
| Incorrect court cost under §775.083(2) | State cited statute but imposed $415 | Harrison argued statutory felony cost is $50 | Court reversed; remand to correct to $50 (or reimpose authorized costs via proper procedure) |
| Imposition of $100 cost of prosecution/defense without statutory citation | State contended citation unnecessary where purpose is clear and statutes provide constructive notice | Harrison argued costs must cite statutory authority for appellate review | Court upheld assessments when record clearly shows mandatory statutory fee and defendant has constructive notice; no citation required in sentence |
| Failure to advise right to hearing on indigent defense lien (Rule 3.720/§938.29) | State argued notice unnecessary where only mandatory minimum imposed — nothing to contest | Harrison argued statute and rule require notice and opportunity to be heard regardless | Court followed precedent requiring notice; reversed $100 cost-of-defense and remanded for advisal and opportunity to contest |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (framework for appointed counsel filing a no-merit brief)
- In re Appellate Court Response to Anders Briefs, 581 So.2d 149 (Fla. 1991) (Florida rule adapting Anders procedures)
- Turner v. State, 109 So.3d 276 (Fla. 1st DCA 2013) (correcting statutory fine amount)
- Z.C.B. v. State, 40 So.3d 36 (Fla. 2d DCA 2010) (correcting statutory court cost)
- Fisher v. State, 697 So.2d 1291 (Fla. 1st DCA 1997) (striking costs imposed without statutory authority)
- Bradshaw v. State, 638 So.2d 1024 (Fla. 1st DCA 1994) (requiring record clarity to permit appellate review of costs)
- Beasley v. State, 580 So.2d 139 (Fla. 1991) (publication of statutes gives constructive notice of mandatory costs)
- Colson v. State, 114 So.3d 415 (Fla. 1st DCA 2013) (requiring opportunity to object to public defender lien)