Opinion
No. 2D18-4977
12-01-2021
Christopher VANDAWALKER, Appellant, v. STATE of Florida, Appellee.
Howard L. Dimmig, II, Public Defender, and Tosha Cohen, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Lindsay D. Turner, Assistant Attorney General, Tampa, for Appellee.
Howard L. Dimmig, II, Public Defender, and Tosha Cohen, Assistant Public Defender, Bartow, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Lindsay D. Turner, Assistant Attorney General, Tampa, for Appellee.
ON REMAND FROM THE FLORIDA SUPREME COURT
SLEET, Judge.
This case is before us on remand from the Florida Supreme Court, which quashed this court's opinion in Vandawalker v. State , 310 So. 3d 483 (Fla. 2d DCA 2020), and remanded it to this court for reconsideration in light of its decision in State v. J.A.R. , 318 So. 3d 1256 (Fla. 2021). Although this court originally reversed the imposition of the $100 statutory minimum public defender fee, the Florida Supreme Court has since held that "[w]hen imposing the statutory minimum, the trial court need not announce the imposition of the public defender's fee or inform the defendant of a right to contest the fee." J.A.R. , 318 So. 3d at 1259. Accordingly, we now affirm the imposition of the $100 public defender fee. On remand, the trial court should reimpose the $100 public defender fee if it has not already done so. Vandawalker need not be present for the reimposition of the fee.
Additionally, as a condition of probation, the trial court ordered Vandawalker to pay $100 for the costs of prosecution. Vandawalker preserved this issue in a motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). As we did in our first opinion, we reverse the imposition of the prosecution costs. The plain language of section 938.27(1), Florida Statutes (2018), requires that prosecution costs be requested. Since the record contains no such request, we reverse the imposition of the costs of prosecution. See Davis v. State , 286 So. 3d 898, 899 (Fla. 2d DCA 2019). The costs may not be reimposed on remand. See id.
Affirmed in part, reversed in part, and remanded.
CASANUEVA and SMITH, JJ., Concur.