62 So. 3d 1277
Fla. Dist. Ct. App.2011Background
- Neal challenged probation revocation on one count felon in possession of a firearm.
- The trial court imposed a $200 public defender lien and costs; notice of the lien hearing was not given at sentencing.
- The revocation hearing occurred; the order incorrectly states Neal admitted violations.
- The record shows an inconsistent written fee order versus oral fees at sentencing; the 2009 order already imposed costs and lien, and the new order aggregates charges.
- The court affirms the revocation, reverses the $100 public defender lien, and remands to strike the lien and correct the order, with Neal allowed to object within 30 days; scrivener’s error on the revocation order must be corrected; sentence affirmed in all other respects.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the public defender lien properly imposed? | Neal | State | No; lien reversed and remanded for objection and correction. |
| Is there a scrivener’s error in the revocation order asserting admission of violations? | Neal | State | Yes; remand to correct the order. |
| Do the fee/max costs align with the oral sentencing pronouncements? | Neal | State | Written order ultimately consistent with prior imposition; relief denied on this basis. |
Key Cases Cited
- Vick v. State, 37 So. 3d 951 (Fla. 2d DCA 2010) (on remand, 30-day objection period to lien amount; hearing if objected)
- Webster v. State, 998 So. 2d 655 (Fla. 2d DCA 2009) (scrivener's error; governs remand procedures)