ARNOLD P. PALMER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1995-12-22
No. 95-1410
COBB and ANTOON, JJ., concur.
664 So. 2d 1162 Florida District Court of Appeal, Fifth District (1995) Positive Treatment
Cited by 8 cases

Opinion of the Court
HARRIS, Judge.

HARRIS, Judge.

Arnold P. Palmer contends that the court erred in habitualizing him on his conviction of unlawful possession with intent to sell or deliver a controlled substance. The State concedes error. See section 775.084(l)(a)(3), Florida Statutes (1993). Palmer also contends that it was error to assess a public defender’s lien without an opportunity to contest the amount of the lien. We agree and direct the court, upon remand, to provide such opportunity.

REVERSED for resentencing.

COBB and ANTOON, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Watson Grene v. State, 702 So. 2d 510 (Fla. 3d DCA 1996)
    …elates to the possession of a controlled substance, habitual offender sentencing was improper. See § 775.084(l)(a)(3); Williams v. State, 667 So. 2d 914 (Fla. 3d DCA 1996); Houser v. [*511] State, 666 So. 2d 158 (Fla. 5th DCA 1995); Palmer v. State, 664 So. 2d 1162 (Fla. 5th DCA 1995); Jackson v. State, 651 So. 2d 242 (Fla. 5th DCA 1995); Perez v. State, 647 So. 2d 1007 (Fla. 3d DCA 1994); cf. Tucker v. State, 608 So. 2d 122 (Fla. 2d DCA 1992), aff'd on other grounds, 620 So. 2d 1241 (Fla.1993). Accordingly,…
  • Nieves v. State, 678 So. 2d 468 (Fla. 5th DCA 1996)
    …the effective date of the amendment. A public defender’s fee was imposed as condition 17 without appellant being advised of the right to object to the amount of the fee. See, e.g., Cruz v. State, 669 So. 2d 361 (Fla. 5th DCA 1996); Palmer v. State, 664 So. 2d 1162 (Fla. 5th DCA 1995). We reject the state’s argument that notice was not required since appellant had agreed to pay a fee in the written plea agreement, [*470] because the amount of the fee was not part of the agreement, nor was there an express waiv…
  • Hayward Hardy v. State, 677 So. 2d 104 (Fla. 5th DCA 1996)
    …irm the judgment and sentence, but strike the public defender’s fee, as the record fails to show that appellant was advised of his right to object to the amount as required by Florida Rule of Criminal Procedure 3.720(d)(1). See also Palmer v. State, 664 So. 2d 1162 (Fla. 5th DCA 1995). On remand, the trial court may reimpose the fee after compliance with the rule. We also note that the sentence form was not checked to indicate appellant was sentenced as an habitual felony offender and remand to correct this sc…

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