Laurain v. State, 708 So. 2d 655

THREADGILL, Acting Chief Judge.

The appellant, Joseph Laurain, appeals a judgment and sentence for the crime of escape. We affirm the judgment and sentence. We, however, strike a court cost and remand for the appellant to be given the opportunity to object to the amount of the public defender’s hen.

At sentencing, the trial court imposed a public defender’s hen for $750.00 without advising the appellant of his right to a hearing to contest the amount of the hen as required by Florida Rule of Criminal Procedure 3.720(d)(1). It also imposed a discretionary court cost of $2.00, pursuant to section 943.25(13), Florida Statutes (1995), without individually announcing the cost at sentencing as required by Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995). We therefore strike the $2.00 court cost and remand for the appellant to be given thirty days from the date of mandate to ñle a written objection to the amount assessed for public defender’s fees. See Waldron v. State, 677 So.2d 393 (Fla. 2d DCA 1996).

Affirmed; remanded.

PATTERSON and CASANUEVA, JJ., concur.

Case Details

Case Name: Laurain v. State

Court Name: District Court of Appeal of Florida

Date Published: Apr 3, 1998

Citations: 708 So. 2d 655; 1998 WL 150769; 1998 Fla. App. LEXIS 3434; No. 96-03451

Docket Number: No. 96-03451

Court Abbreviation: Fla. Dist. Ct. App.