RAY ANTHONY HALYARD, SR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Ray Anthony Halyard challenges the imposition of a public defender's lien on appeal. The Second District Court of Appeal affirms his convictions and sentences but reverses the lien imposition, finding the trial court failed to provide notice and a hearing opportunity as required by procedural rule.
Yes. The trial court erred in imposing the lien without advising the appellant of his right to a hearing to contest the proposed amount as required by Florida Rule of Criminal Procedure 3.720(d)(1). The lien imposition is reversed.
[1] A public defender's lien cannot be imposed without providing the defendant notice and an opportunity to be heard.
[2] A trial court must advise a defendant of their right to a hearing to contest the amount of a public defender's lien.
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Join FLexlaw to unlock all legal intelligenceHalyard was charged with aggravated battery causing great bodily harm with a deadly weapon, aggravated battery with a deadly weapon, and criminal misc…
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PER CURIAM.
The appellant, Ray Anthony Halyard, Sr., challenges the trial court’s imposition of a public defender’s lien. We reverse.
The appellant was charged with aggravated battery causing great bodily harm and using a deadly weapon (count I), aggravated battery using a deadly weapon (count II), and criminal mischief (count III), in violation of sections 784.045 and 806.13(l)(b)(l), Florida Statutes (1993). The appellant was found guilty by a jury as to the lesser included crimes of aggravated battery with great bodily harm (count I) and battery (count II), and not guilty as to count III. The trial court subsequently adjudicated the appellant guilty of the above crimes and sentenced him to 4.4 years in prison for count I, to time served for count II, and to a public defender’s lien of $1750. The appellant timely filed a notice of appeal.
The appellant does not challenge the judgments and sentences imposed upon him and we, accordingly, affirm them without further discussion. The appellant does contend, however, and the state concedes, that the trial court erred in imposing a public defender’s lien since the appellant was not given notice and an opportunity to be heard. We agree.
At the sentencing hearing, which was held at the end of the trial, the appellant’s attorney moved for a public defender’s lien of $1750. The trial court then assessed a lien for that amount -without advising the appellant of his right to a hearing to contest the proposed amount as required pursuant to Florida Rule of Criminal Procedure 3.720(d)(1). Bourque v. State, 595 So. 2d 222 (Fla. 2d DCA 1992). Since the trial court failed to advise the appellant of his right to a hearing to contest the amount of the lien we must reverse. On remand, the appellant shall have thirty days from the date of this mandate within which to file a written objection to the amount of the lien and if an objection is filed, the assessment shall be stricken and a new assessment shall not be imposed without notice and a hearing pursuant to rule 3.720(d)(1). Sandefur v. State, 660 So. 2d 1183 (Fla. 2d DCA 1995).
Affirmed in part, reversed in part, and remanded with instructions.
SCHOONOVER, A.C.J., and FRANK and PARKER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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ELY v. State, 719 So. 2d 11 (Fla. 2d DCA 1998)…. Mr. Ely shall be given 30 days to file a written objection to the lien. If an objection is filed, the trial court shall strike the lien, and afford Mr. Ely notice and a hearing. Following that, a new lien may then be imposed. See Halyard v. State, 667 So. 2d 1028 (Fla. 2d DCA 1996); Drinnon v. State, 598 So. 2d 229 (Fla. 2d DCA 1992). One further point merits discussion. The trial court imposed 40 points for severe victim injury on Mr. Ely’s sentencing seoresheet. The imposition of victim injury points is w…
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Vashaun Smith v. State, 694 So. 2d 838 (Fla. 2d DCA 1997)…7.56, Florida Statutes (1995). The court also failed to advise the appellant of his right to contest the amount of the lien under Florida Rule of Criminal Procedure 3.720(d)(1). See S.D. v. State, 687 So. 2d 948 (Fla. 2d DCA 1997); Halyard v. State, 667 So. 2d 1028 (Fla. 2d DCA 1996). On remand, the appellant shah have thirty days from the date of the mandate within which to file a written objection to the amount assessed. If an objection is filed with the trial court, the assessment shah be stricken and a new…
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Gerald v. State, 699 So. 2d 304 (Fla. 2d DCA 1997)…file a written objection to the amount of the attorney’s fees. If he files an objection, the trial court must strike the attorney’s fees and may impose a new fee provided that appellant is afforded the required notice and hearing. Halyard v. State, 667 So. 2d 1028 (Fla. 2d DCA 1996). Affirmed in part; reversed and remanded with directions. SCHOONOVER, A.C.J., and QUINCE and NORTHCUTT, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Bourque v. State, 595 So. 2d 222 (Fla. 2d DCA 1992)
- Sandefur v. State, 660 So. 2d 1183 (Fla. 2d DCA 1995)