JAMES FRAIM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAMES FRAIM, APPELLANT,
STATE OF FLORIDA, APPELLEE
678 So. 2d 527
Florida District Court of Appeal, Fifth District (1996)
Positive Treatment
Cited by 4 cases
Opinion of the Court
W. SHARP, Judge.
We affirm Fraim’s conviction and sentence for failure to appear in violation of section 812.014(1) and (2)(c). However, pursuant to Andrews v. State, 660 So. 2d 394 (Fla. 5th DCA 1995), we strike the $250.00 public defender hen assessed against him because it was imposed without notice or opportunity to contest the amount. The trial court did orally announce the public defender’s hen, which is part of the “charges and costs fees” portion of the standard forms for judgment and sentence. On remand, the trial court may reimpose the lien after giving Fraim due notice, and affording him an opportunity to oppose it. See Fla. R. Crim. P. 3.720(d)(1).
AFFIRMED, LIEN STRICKEN, REMANDED.
GRIFFIN and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Woods v. State, 879 So. 2d 651 (Fla. 5th DCA 2004)…w. This court has held that reversal is required if the trial court orders payment of public defender fees without proper compliance with rule 3.720 and section 938.29. Wines v. State, 690 So. 2d 684, 684 (Fla. 5th DCA 1997) (citing Fraim v. State, 678 So. 2d 527 (Fla. 5th DCA 1996); Andino v. State, 676 So. 2d 493 (Fla. 5th DCA 1996)). The rule and statute were not complied with here because Woods was not given notice of the supplemental fees at the violation of probation sentencing hearing, was not given n…
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Wines v. State, 690 So. 2d 684 (Fla. 5th DCA 1997)…unce all discretionary costs and fees. Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995). Finally, the trial court improperly imposed the public defender’s lien because Wines was not given notice or opportunity to contest the amount. Fraim v. State, 678 So. 2d 527 (Fla. 5th DCA 1996); Andino v. State, 676 So. 2d 493 (Fla. 5th DCA 1996). Accordingly, we affirm the judgments and sentences, but vacate the provisions assessing court costs, investigative costs, the processing fee for administrative probation stat…
Authorities Cited
- Trumpole v. State, 660 So. 2d 394 (Fla. 5th DCA 1995)