DAVIS v. STATE (2022)

Appellant's counsel filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and this Court has conducted its required review. See Fla. R. App. P. 9.140(g)(2)(A); Anders, 386 U.S. at 738, 87 S.Ct. 1396; State v. Causey, 503 So. 2d 321 (Fla. 1987). Our review reveals that a sentencing error may exist.

Here, Appellant was declared indigent; and after various conflicts, the court appointed him private counsel. At sentencing, the trial court imposed upon Appellant, personally, a $26,000 fee, presumably for court-appointed counsel's attorney's fees, which counsel stated he would be submitting to the Justice Administrative Commission. Counsel did, and after review and a hearing, the court ordered the JAC to pay appointed counsel $26,460. See § 27.5304(12), Fla. Stat.

We have found nothing in that statute, however, that would permit imposition of the fee against Appellant personally, and recovery from both the JAC and Appellant would be impermissible.

Accordingly, on the Court's own motion and pursuant to Florida Rule of Appellate Procedure 9.140(g)(2)(B), the initial brief filed September 20, 2021, is stricken in order to permit the filing of a motion pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). Counsel for Appellant shall file the motion with the lower tribunal within twenty days of the date of this order, and the lower tribunal is directed to resolve the motion in accordance with rule 3.800(b)(2)(B). The clerk of the lower tribunal shall thereafter transmit a supplemental record on appeal pursuant to Florida Rule of Appellate Procedure 9.140(f)(6), and counsel for Appellant shall file an amended initial brief within twenty days following transmittal of the supplemental record. See Adams v. State, 197 So.3d 641, 642 (Fla. 1st DCA 2016).

Per Curiam.

Lewis, Kelsey, and Nordby, JJ., concur.