MICHAEL JEROME MCCRAY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
In this direct criminal appeal, the public defender has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).' Although afforded an opportunity to do so, appellant has elected not to file a brief in proper person. Having reviewed the entire record, we agree that no reversible error occurred. Accordingly, we affirm appellant’s convictions and sentences. However, we vacate the lien for attorney fees imposed upon appellant because appellant was not afforded notice of intent to seek such a lien, or an opportunity to contest its amount. E.g., Bryant v. State, 661 So. 2d 1315 (Fla. 1st DCA 1995); L.A.D. v. State, 616 So. 2d 106 (Fla. 1st DCA), review denied, 624 So. 2d 268 (Fla.1993). On remand, a lien may again be impósed, provided that appellant is given notice and an opportunity to contest its amount.
AFFIRMED and REMANDED, with directions.
ERVIN, MINER and WEBSTER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Paige v. State, 675 So. 2d 637 (Fla. 1st DCA 1996)…l violent felony offender for offenses that arose from a single criminal episode. [*638] We also find that an attorney’s lien was imposed apparently without notice and opportunity for appellant to contest the amount. On authority of McCray v. State, 671 So. 2d 246 (Fla. 1st DCA 1996), we vacate the lien and direct that on remand the lien may be reimposed after due notice and opportunity for appellant to be heard. The convictions are accordingly AFFIRMED, but we vacate the three-year mandatory minimum portio…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- In the Interest of L.A.D. v. State, 616 So. 2d 106 (Fla. 1st DCA 1993)
- Bryant v. State, 661 So. 2d 1315 (Fla. 1st DCA 1995)