Youman v. State
112 So. 3d 693
| Fla. Dist. Ct. App. | 2013Background
- Youman pursued six consolidated appeals under Anders v. California.
- The trial court imposed certain costs (indigent legal assistance lien and a court cost) in all six cases.
- The state’s prosecutions proceeded on pleas, with sentences under a plea agreement.
- Rule 3.800(b)(2) challenge to the costs was timely filed and the court granted corrections in four cases.
- In 1D12-2470 and 1D12-2472 the motion was deemed denied for failure to rule within sixty days.
- The court struck the $100 indigent legal assistance lien and the $20 court cost in 1D12-2470 and 1D12-2472 and remanded for corrected cost judgments; convictions and sentences in the other four cases were affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether imposition of the lien and surcharge violated notice requirements | Youman argued the lien and surcharge were improper due to lack of notice to contest. | State maintained the costs were proper under statutes. | Yes; costs stricken and remanded for proper procedures. |
| Whether adding the $20 surcharge where no fine exists was error | Youman contended the surcharge was improper in 1D12-2470 and 1D12-2472. | State argued the surcharge could apply under the statute as amended. | Yes; struck in 1D12-2470 and 1D12-2472. |
| Whether the Rule 3.800(b)(2) rulings were properly applied given timing | Youman asserted the court erred by failing to rule timely in some cases. | State relied on treatment of the timeliness and deemed denial in accordance with law. | Rule 3.800(b)(2) rulings corrected or deemed denied as to the respective cases; remand for correction where appropriate. |
Key Cases Cited
- In re Anders Briefs, 581 So.2d 149 (Fla.1991) (preservation of minor sentencing errors in Anders appeal)
- Kirkland v. State, 106 So.3d 4 (Fla. 1st DCA 2013) (remand to advise of hearing rights for costs)
- Gallegos v. State, 63 So.3d 20 (Fla. 2d DCA 2011) (costs and procedures under Anders)
- Long v. State, 886 So.2d 280 (Fla. 1st DCA 2004) (timing issues under Rule 3.800(b)(2) deemed denied)
- Spear v. State, 109 So.3d 232 (Fla. 1st DCA 2013) (imposition of costs under amended statute)