CHARLES MALPHURS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CHARLES MALPHURS, APPELLANT,
STATE OF FLORIDA, APPELLEE
680 So. 2d 1128
Florida District Court of Appeal, First District (1996)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
In this direct criminal appeal, we affirm appellant’s conviction for battery, and his sentence. However, we strike the public defender fee imposed, because appellant was afforded neither notice of intent to seek such a fee, nor 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, such a fee may again be imposed, provided that appellant is provided notice and an opportunity to contest its amount.
AFFIRMED IN PART and REVERSED IN PART.
MINER, WEBSTER and LAWRENCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Neal v. State, 688 So. 2d 392 (Fla. 1st DCA 1997)…nted attorney without affording him notice and an opportunity to be heard, we reverse. On remand, such a fee may again be imposed, provided that appellant is afforded adequate notice and an opportunity to contest its amount. E.g., Malphurs v. State, 680 So. 2d 1128 (Fla. 1st DCA 1996). IV. Conclusion In summary, we reverse the award of restitution to the daughter of the owner of the stolen vehicle because the trial court failed to conduct an evidentiary hearing notwithstanding appellant’s objection to the a…
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Brantley v. State, 692 So. 2d 282 (Fla. 1st DCA 1997)…ng 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 also erred in granting a judgment of acquittal on the capital sexual battery charge in Count III of the amended information. The law in this state is that prior unsworn, inconsistent, and uncorroborated stateme…
Authorities Cited
- 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)