DAVID A. BRUTON, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
HERSEY, Judge.
We find no merit in appellant’s attack upon the sequential order in which his sentencing procedures were conducted. Particularly is this so in the absence of timely and appropriate objection. Dunman v. State, 400 So. 2d 838 (Fla. 5th DCA 1981). However, the trial court assessed attorneys’ fees pursuant to Florida Rule of Criminal Procedure 3.720(d)(1) and Section 27.56(7), Florida Statutes (1981), without informing appellant of his right to a hearing to contest the amount of the public defender’s lien. Such an order is void. Hoffman v. State, 413 So. 2d 150 (Fla. 4th DCA 1982).
We affirm the conviction and sentence, reverse the order on attorneys’ fees and remand to permit the trial court to reconsider the matter of attorneys’ fees after notice and hearing.
AFFIRMED IN PART, REVERSED IN PART AND REMANDED.
LETTS, C.J., and ANSTEAD, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Shaffer v. State, 446 So. 2d 1156 (Fla. 2d DCA 1984)….P. 3.720(d)(1). Our review of the record discloses, however, that the trial court entered its order without following the procedures and requirements outlined by section 27.56 and Florida Rule of Criminal Procedure 3.720(d)(1). See Bruton v. State, 418 So. 2d 1250 (Fla. 4th DCA 1982); Gaylord v. State, 413 So. 2d 72 (Fla. 2d DCA 1982). Accordingly, we vacate these portions of appellants’ judgments and remand to the trial court for proper consideration of these matters.1 Finally, Mark Shaffer asserts that the…
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Dewitt Earl McBRIDE v. State, 427 So. 2d 394 (Fla. 4th DCA 1983)…State, 390 So. 2d 781 (Fla. 3d DCA 1980). The order assessing attorney’s fees is also reversed without prejudice to the state’s right to seek the assessment of such fees after proper notice and hearing in accord with the holding in Bruton v. State, 418 So. 2d 1250 (Fla. 4th DCA 1982). ANSTEAD, GLICKSTEIN and WALDEN, JJ., concur.…
Authorities Cited
- Dunman v. State, 400 So. 2d 838 (Fla. 5th DCA 1981)
- Shook v. Shook, 413 So. 2d 150 (Fla. 4th DCA 1982)
- Hoffman v. State of Fla. & Broward Cnty., 413 So. 2d 150 (Fla. 4th DCA 1982)