JENKINS DOC H18045 v. STATE (2020)

Justin Jenkins appeals his conviction and sentence for sexual battery on a person under twelve years of age. We affirm Mr. Jenkins' judgment and sentence but reverse and remand for the trial court to either strike the $100 public defender fee imposed at sentencing or advise Mr. Jenkins of his right to contest the fee. See Newton v. State, 262 So. 3d 849, 850 (Fla. 2d DCA 2018).

Mr. Jenkins argues the trial court failed to notify him of his right to a hearing to contest the $100 public defender fee imposed at sentencing and the trial court should have granted his motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). “It is well established that when imposing a public defender fee, a trial court must first give a defendant notice and an opportunity to be heard.” T.R.C. v. State, 290 So. 3d 1064, 1067 (Fla. 2d DCA 2020) (citing Newton, 262 So. 3d at 850)). The State concedes the trial court failed to notify Mr. Jenkins of his right to a hearing to contest the public defender fee. Accordingly, we reverse the $100 public defender fee and remand for the trial court to either strike the fee or advise Mr. Jenkins of his right to contest it. See Neal v. State, 62 So. 3d 1277, 1278 (Fla. 2d DCA 2011).

Affirmed in part, reversed in part, and remanded.

PER CURIAM.

CASANUEVA, LUCAS, and SMITH, JJ., Concur.