Soeldner v. State
Docket: No. 5D05-2842
Court: District Court of Appeal of Florida; November 16, 2006; Florida; State Appellate Court
Robert Soeldner raised a cost issue in an Anders appeal concerning the payment of statutory application fees following the appointment of a public defender. He had filed an affidavit of indigency related to four criminal cases from 2004, which led to an order requiring him to pay a $40 application fee for each case. Soeldner contended in his motion to correct sentencing error, pursuant to Florida Rule of Criminal Procedure 3.800(b)(2), that the fee should only be assessed once since the public defender appointment was based on a single affidavit. The relevant Florida Statute, Section 27.52(2)(a) (2004), states that a $40 application fee is required for each affidavit filed, regardless of the number of due process services requested. The court, acknowledging the statute's clear language, agreed with the State's position that an application fee is applicable for each affidavit. Consequently, the trial court's order for fees in each of the four cases was found to be erroneous. The court remanded the cases to strike three of the four court-ordered application fees while affirming the judgments and sentences in all other respects. The decision was affirmed in part, reversed in part, and remanded for further action.