MATHEW J. MURRAY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MATHEW J. MURRAY, APPELLANT,
STATE OF FLORIDA, APPELLEE
677 So. 2d 70
Florida District Court of Appeal, First District (1996)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The trial court erred in imposing a public defender’s lien without giving the appellant notice of his right to a hearing to contest the amount. See Brown v. State, 672 So. 2d 57 (Fla. 1st DCA 1996); Neal v. State, 669 So. 2d 1113 (Fla. 1st DCA 1996); Kirby v. State, 658 So. 2d 1232 (Fla. 1st DCA 1995). Accordingly, the imposition of the public defender’s lien is vacated. On remand, a lien may again be imposéd, provided that appellant is given notice and an opportunity to contest its amount. The judgment and sentence is affirmed in all other respects.
AFFIRMED and REMANDED, with directions.
MINER and WEBSTER, JJ., and SMITH, Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Brantley v. State, 692 So. 2d 282 (Fla. 1st DCA 1997)…-appeal, we reverse the trial court’s grant of judgment of acquittal as to Count III only. The trial court erred in imposing a public defender’s lien without giving appellant notice of his right to a hearing to contest the amount. Murray v. State, 677 So. 2d 70 (Fla. 1st DCA 1996). Accordingly, we strike the lien. On remand, the court may reimpose the lien provided appellant is given notice and an opportunity to contest its amount. Malphurs v. State, 680 So. 2d 1128 (Fla. 1st DCA 1996). The trial court a…
Authorities Cited
- Thelonious W. Kirby v. State, 658 So. 2d 1232 (Fla. 1st DCA 1995)
- Justice Anthony Neal v. State, 669 So. 2d 1113 (Fla. 1st DCA 1996)
- Kennegrue Edward Brown v. State, 672 So. 2d 57 (Fla. 1st DCA 1996)