JOHNNY PATTERSON, 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 record, we agree that no reversible error occurred. Accordingly, we affirm appellant’s conviction and 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 afforded notice and an opportunity to contest its amount.
AFFIRMED and REMANDED, with directions.
MINER, WEBSTER and LAWRENCE, JJ., concur.
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McCARTHAN v. State, 91 So. 3d 268 (Fla. 1st DCA 2012)…given notice of his right to a hearing to contest the amount of this lien. See Fla. R.Crim. P. 3.720(d)(1) (“Notice of the accused’s right to a hearing to contest the amount of the lien shall be given at the time of sentence.”); Patterson v. State, 686 So. 2d 758, 758 (Fla. 1st DCA 1997). Accordingly, we AFFIRM Appellant’s conviction and sentence, but we REVERSE and REMAND for a hearing to allow Appellant notice and opportunity to contest the amount of the lien before it may be reimposed. ROWE, MARSTILLE…
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Oliver v. State, 819 So. 2d 816 (Fla. 1st DCA 2002)…we note that the record does not contain a written order of revocation of probation listing the conditions of probation violated. We thus remand for the trial court to enter such an order, consistent with its oral pronouncement. See Walker v. State, 686 So. 2d 758 (Fla. 1st DCA 1997). The appellant need not be present. AFFIRMED and REMANDED, with directions. MINER, PADOVANO and BROWNING, JJ., concur.…
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LEE v. State, 826 So. 2d 457 (Fla. 1st DCA 2002)…2d 32 (Fla. 3d DCA 1997); Narvaez v. State, 674 So. 2d 868 (Fla. 2d DCA 1996). We therefore strike the language stating that Appellant violated conditions (5) and (7) of his probation and remand for entry of a corrected order. See Walker v. State, 686 So. 2d 758 (Fla. 1st DCA 1997). Appellant need not be present. AFFIRMED. ALLEN, C.J., and BOOTH and BARFIELD, JJ., concur.…
Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities 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)