Jason Gaudet v. State of Florida

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT JASON GAUDET, ) ) Appellant, ) ) v. ) Case No. 2D18-2765 ) STATE OF FLORIDA, ) ) Appellee. ) ___________________________________) Opinion filed June 17, 2020. Appeal from the Circuit Court for Pasco County; Kimberly Campbell and Philippe Matthey, Judges. Howard L. Dimmig, II, Public Defender, and Cynthia J. Dodge, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Elba Caridad Martin-Shomaker, Assistant Attorney General, Tampa, for Appellee. KHOUZAM, Chief Judge. Jason Gaudet timely appeals his convictions and sentences on two counts of burglary of a dwelling. We affirm in all respects except we reverse the $100 public defender fee and remand for it to be stricken because the record shows that the sentencing court did not give Gaudet notice of his right to a hearing to contest this fee at the time it was imposed. See Newton v. State, 262 So. 3d 849, 849-50 (Fla. 2d DCA 2018). On remand, the $100 public defender fee may be reimposed only after proper notice and the opportunity for Gaudet to be heard on that issue. See J.W. v. State, 45 Fla. L. Weekly D1101, D1102 (Fla. 2d DCA May 6, 2020). Affirmed in part, reversed in part, and remanded with directions. SLEET and ATKINSON, JJ., Concur. -2-