PATRICK WALDRON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the imposition of a public defender lien without proper notice of the right to a hearing to contest the amount was error.
Appellant was convicted of robbery with a firearm and a public defender lien was imposed without notice of the right to a hearing to contest the amoun…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Right To Notice And Hearing cases and more on FLexlaw
CAMPBELL, Acting Chief Judge.
Appellant challenges his conviction and sentence for robbery with a firearm. Although appellant raises three issues, we have found merit in only one, the imposition of a public defender hen without properly notifying appellant of his right to a hearing to contest the amount of the lien. Accordingly, we vacate the public defender hen and remand for its proper reimposition.
Under Bull v. State, 548 So. 2d 1103 (Fla.1989), the court is required to give appellant notice of his right to a hearing to contest the amount of the lien at the time of sentence. See also Fla.R.Crim.P. 3.720(d)(1); Wilson v. State, 675 So. 2d 613 (Fla. 2d DCA 1996). The court here merely announced the $1,500 public defender hen and said no more about it. Under Bull, this was error, requiring us to vacate the imposition of the lien and remand for proper reimposition.
On remand, appellant will have thirty days from the date of this court’s mandate to file a written objection to the amount assessed for public defender fees. Bourque v. State, 595 So. 2d 222 (Fla. 2d DCA 1992). If an objection is filed, the trial court shall strike the current assessment and shall not impose a new one without proper notice and a hearing. Id.; Pettway v. State, — So. 2d --, 21 Fla. L. Weekly D1526 (Fla. 2d DCA June 26, 1996). See also Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995); Farmer v. State, 617 So. 2d 447 (Fla. 2d DCA 1993).
We affirm the judgment in all other respects.
BLUE and QUINCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Reeder v. State, 725 So. 2d 1149 (Fla. 2d DCA 1998)…in the amount of $1,000. The trial court failed to orally pronounce the lien at sentencing, failed to cite the statutory authority for such, and failed to inform the appellant he had a right to contest the amount of the award. See Waldron v. State, 677 So. 2d 393 (Fla. 2d DCA 1996). The State concedes this was error. We, therefore, remand this case so that the appellant has an opportunity to file an objection to the amount of the public defender lien. If such an objection is filed within thirty days, the t…
Authorities Cited
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- Bull v. State, 548 So. 2d 1103 (Fla. 1989)
- Bourque v. State, 595 So. 2d 222 (Fla. 2d DCA 1992)
- Farmer v. State, 617 So. 2d 447 (Fla. 2d DCA 1993)
- Milo L. Kirkland v. State, 675 So. 2d 613 (Fla. 2d DCA 1995)
- Wilson v. State, 675 So. 2d 613 (Fla. 2d DCA 1996)