GAUDET v. STATE (2020)

District Court of Appeal of Florida, Second District.

Jason GAUDET, Appellant, v. STATE of Florida, Appellee.

Case No. 2D18-2765

Decided: June 17, 2020

Howard L. Dimmig, II, Public Defender, and Cynthia J. Dodge, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Elba Caridad Martin-Shomaker, Assistant Attorney General, Tampa, for Appellee.

Jason Gaudet timely appeals his convictions and sentences on two counts of burglary of a dwelling. We affirm in all respects except we reverse the $100 public defender fee and remand for it to be stricken because the record shows that the sentencing court did not give Gaudet notice of his right to a hearing to contest this fee at the time it was imposed. See Newton v. State, 262 So. 3d 849, 849-50 (Fla. 2d DCA 2018). On remand, the $100 public defender fee may be reimposed only after proper notice and the opportunity for Gaudet to be heard on that issue. See J.W. v. State 295 So.3d 366, 367 (Fla. 2d DCA May 6, 2020).

Affirmed in part, reversed in part, and remanded with directions.

KHOUZAM, Chief Judge.

SLEET and ATKINSON, JJ., Concur.

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