BIELEC v. STATE (2020)

District Court of Appeal of Florida, First District.

Harold Clifford BIELEC Jr., Appellant, v. STATE of Florida, Appellee.

No. 1D18-2763

Decided: June 12, 2020

Andy Thomas, Public Defender, and Kathryn Lane, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Quentin Humphrey, Assistant Attorney General, Tallahassee, for Appellee.

The appellant raises two issues on appeal. We affirm the first issue, finding the trial court's denial of the defense motion for judgment of acquittal was proper. The appellant also challenges the trial court's imposition of costs at sentencing. We find the trial court erred in imposing the public defender fee of $250 without evidence to support the costs of investigation pursuant to section 938.29(1)(a), Florida Statutes. We also find a scrivener's error that incorrectly identified the $100 Local Government Trust Fund fee as a “misdemeanor-imposed” fee. We remand for the trial court to correct the scrivener's error and to conduct a hearing to address the amount of the public defender fee. On remand, the court may reimpose these costs after following the proper procedure. See Hogle v. State, 250 So. 3d 178 (Fla. 1st DCA 2018). We find no error with respect to the remaining aspects of the sentence.

Per Curiam.

Wolf, Kelsey, and Winokur, JJ., concur.

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