Harold Clifford Bielec Jr. v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledJune 12, 2020
Docket1D18-2763
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D18-2763
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HAROLD CLIFFORD BIELEC JR.,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Walton County.
Allen L. Register, Judge.
June 12, 2020
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.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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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.
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