Kirkland v. State, 106 So. 3d 4 (Fla. 1st DCA 2013). · Go Syfert
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Kirkland v. State, 106 So. 3d 4 (Fla. 1st DCA 2013). Cases Citing This Book View Copy Cite
“defect in an information is waived if no objection is timely made so long as the information does not wholly fail to state a crime.”
9 citation events (9 in the last 25 years) across 1 distinct court.
Strongest positive: Theophilus Bessellieu v. State of Florida (fladistctapp, 2018-09-14)
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Theophilus Bessellieu v. State of Florida
Fla. Dist. Ct. App. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
defect in an information is waived if no objection is timely made so long as the information does not wholly fail to state a crime.
discussed Cited as authority (rule) William Henry Thomas, III v. State of Florida
Fla. Dist. Ct. App. · 2016 · confidence medium
Mills v. State, 177 So.3d 984, 988 (Fla. 1st DCA 2015) (holding that the trial court erred in imposing the $100 sheriffs investigative cost “without notice or hearing and without specifically identifying it at sentencing”); Lippwe v. State, 152 So.3d 782, 783 (Fla. 1st DCA 2014) (ruling that investigative fees pursuant to section 938.27(1), Florida Statutes,, “must be requested on the record by the appropriate agency”); Kirkland v. State, 106 So.3d 4, 4-5 (Fla. 1st DCA 2013) (holding that “the trial court should have orally pronounced the $100 investigative cost, as it is a discretio…
discussed Cited as authority (rule) Lake v. State
Fla. Dist. Ct. App. · 2015 · confidence medium
Strong v. State, 140 So.3d 680, 681-82 (Fla. 5th DCA 2014) (“The trial court must also advise the defendant of his right to contest the [public defender] fee when it is orally imposed.” (citing Kirkland v. State, 106 So.3d 4, 5 (Fla. 1st DCA 2013))).
discussed Cited as authority (rule) Strong v. State
Fla. Dist. Ct. App. · 2014 · confidence medium
Kirkland v. State, 106 So.3d 4, 5 (Fla. 1st DCA 2013) (“[T]he Public Defender fee should be struck because the trial court did not advise Appellant of his right to contest the fee when it was orally imposed.” (citing § 938.29(5), Fla. Stat.; Fla. R.
discussed Cited as authority (rule) Youman v. State
Fla. Dist. Ct. App. · 2013 · confidence medium
P. 3.720(d)(1); In re Anders Briefs, 581 So.2d 149, 152 (Fla.1991) (allowing preserved minor sentencing errors imposing costs to be raised in an Anders appeal); Kirkland v. State, 106 So.3d 4, 5 (Fla. 1st DCA 2013) (striking the Public Defender fee and remanding for the trial court to advise defendant of the right to a hearing to contest it).
cited Cited "see" Mills v. State
Fla. Dist. Ct. App. · 2015 · signal: see · confidence high
See Kirkland v. State, 106 So.3d 4, 4-5 (Fla. 1st DCA 2013); Baker v. State, 86 So.3d 1208, 1209 (Fla. 1st DCA 2012).
cited Cited "see" Colson v. State
Fla. Dist. Ct. App. · 2013 · signal: see · confidence high
See Kirkland v. State, 106 So.3d 4 (Fla. 1st DCA 2013) (indigent legal assistance fee); Nix, 84 So.3d at 426 (discretionary fines and surcharges).
cited Cited "see" DeSalvo v. State
Fla. Dist. Ct. App. · 2013 · signal: see · confidence high
See Kirkland v. State, 106 So.3d 4 (Fla. 1st DCA 2013).
Retrieving the full opinion text from the archive…
Leondray KIRKLAND
v.
STATE of Florida
No. 1D11-5266.
District Court of Appeal of Florida, First District.
Jan 2, 2013.
106 So. 3d 4
Jeffrey E. Lewis, General Counsel, Michael J. Titus, Assistant Conflict Counsel, Office of Criminal Conflict and Civil Regional Counsel, Region One, Tallahassee, for Appellant., Pamela Jo Bondi, Attorney General, Heather Flanagan Ross, Assistant Attorney General, Tallahassee, for Appellee.
Marstiller, Thomas, Wolf.
Cited by 8 opinions  |  Published
PER CURIAM.

Appellant challenges his conviction and sentence for second-degree murder. We affirm the conviction without comment, but we reverse certain costs imposed by the trial court and remand for correction of sentencing errors.

The State properly concedes that the trial court should have orally pro[*5] nounced the $100 investigative cost, as it is a discretionary cost and not a mandatory cost. See Baker v. State, 86 So.3d 1208, 1209 (Fla. 1st DCA 2012) (citing Pullam v. State, 55 So.3d 674 (Fla. 1st DCA 2011)).

The State also correctly concedes that the Public Defender fee should be struck because the trial court did not advise Appellant of his right to contest the fee when it was orally imposed. See § 938.29(5), Fla. Stat.; Fla. R.Crim. P. 3.720(d)(1). As this court has previously held, this fee must be stricken and, on remand, the trial court shall advise Appellant of his right to a hearing to contest the Public Defender fee. See Vaughn v. State, 65 So.3d 138, 139 (Fla. 1st DCA 2011).

Finally, as the trial court did not impose a fine, pursuant to section 938.06(1), Fla. Stat (2009), the $20 imposition of court costs must be stricken.* See Clavelle v. State, 80 So.3d 456, 457 (Fla. 1st DCA 2012); see also Pullam v. State, 55 So.3d 674, 675 (Fla. 1st DCA 2011). Accordingly, we affirm the judgment and sentence, but remand for correction of the sentencing errors. We note that if the trial court determines it will not impose any of the above fees, it is not necessary to conduct another sentencing proceeding which would require Appellant’s presence.

AFFIRMED in part, REVERSED in part, and REMANDED.

WOLF, THOMAS, and MARSTILLER, JJ., concur.

"We recognize that, effective July 1, 2010, section 938.06(1) was amended to provide that the $20 assessment for the Crime Stoppers Trust Fund is a mandatory court cost rather than an additional surcharge on any fine imposed. See Ch.2010-162, § 31, Laws of Fla. This amendment took effect after the date of [Appellant’s] offense and, thus, the 2009 version of the statute applies in this case.”

Sanders v. State, 101 So.3d 373, 377 n. 3 (Fla. 1st DCA 2012) (citing Comer v. State, 502 So.2d 513 (Fla. 1st DCA 1987)).