GEARY v. STATE (2020)

In this appeal, Roy Geary challenges the revocation of his probation and resulting sentences. He admitted to the violations, and the trial court revoked probation and sentenced him to concurrent, 364-day jail sentences for possession of methamphetamine and possession of drug paraphernalia, with the balance to be suspended upon the successful completion of an in-house treatment program. We find no error with the revocation or the terms of the resulting sentences, and we affirm in those respects without further comment. We reverse only that portion of the fee order entered as part of his sentence that imposed a public defender fee of $100 pursuant to sections 938.29(1) and 27.52, Florida Statutes (2018), because Mr. Geary was not afforded notice and an opportunity to be heard as required before imposition of that fee. See Newton v. State, 262 So. 3d 849, 849-50 (Fla. 2d DCA 2018). On remand, the trial court may reimpose the fee according to the statute upon proper notice and opportunity to be heard. See Gaudet v. State, 296 So.3d 1001 (Fla. 2d DCA 2020); see also Fla. R. Crim. P. 3.720(d)(1); Newton, 262 So. 3d at 850.

Affirmed in part; reversed in part; remanded.

CASE, JAMES R., Associate Senior Judge.

VILLANTI and LUCAS, JJ., Concur.