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Bielec v. State

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Jun 12, 2020
297 So. 3d 699 (Fla. Dist. Ct. App. 2020)

Opinion

No. 1D18-2763

06-12-2020

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

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.


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.

Per Curiam.

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.

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


Summaries of

Bielec v. State

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Jun 12, 2020
297 So. 3d 699 (Fla. Dist. Ct. App. 2020)
Case details for

Bielec v. State

Case Details

Full title:HAROLD CLIFFORD BIELEC JR., Appellant, v. STATE OF FLORIDA, Appellee.

Court:FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

Date published: Jun 12, 2020

Citations

297 So. 3d 699 (Fla. Dist. Ct. App. 2020)

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Gilbert v. State

We, however, REMAND for correction of one scrivener's error. See Bielec v. State, 297 So.3d 699, 699 (Fla.…

Bartolone v. State

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