RONNIE STRICKLAND, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RONNIE STRICKLAND, APPELLANT,
STATE OF FLORIDA, APPELLEE
693 So. 2d 1142
Florida District Court of Appeal, First District (1997)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
We affirm appellant’s sentence but strike the attorney fee imposed because appellant was not informed that he had a right to challenge the assessment, which is fundamental error. See Neal v. State, 688 So. 2d 392, 396 (Fla. 1st DCA 1997)(“[T]he state overlooks the fact that the supreme court has held that it is ‘fundamental’ error to order a criminal defendant to pay attorney fees without affording adequate notice and an opportunity to be heard.”). The fee may again be imposed on remand provided appellant is afforded adequate notice and an opportunity to contest its amount. Brock v. State, 667 So. 2d 1014 (Fla. 1st DCA 1996).
MINER, LAWRENCE and PADOVANO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Maddox v. State, 708 So. 2d 617 (Fla. 5th DCA 1998)…n of Florida Rule of Criminal Procedure 3.170(f), which requires a motion to withdraw a plea where there has been a failure to abide by the terms of the plea. . See, e.g., Louisgeste v. State, 706 So. 2d 29 (Fla. 4th DCA 1998), Strickland v. State, 693 So. 2d 1142 (Fla. 1st DCA 1997), Beasley v. State, 695 So. 2d 1313 (Fla. 1st DCA 1997), Neal v. State, 688 So. 2d 392 (Fla. 1st DCA), review denied, 698 So. 2d 543 (Fla. 1997). . Bowen v. State, 702 So. 2d 298 (Fla. 1st DCA 1997) (striking payment of $100 to t…
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Matke v. State, 765 So. 2d 52 (Fla. 1st DCA 1998)…2 (Fla. 1st DCA 1997); Brock v. State, 667 So. 2d 1014 (Fla. 1st DCA 1996); Robinson v. State, 667 So. 2d 384 (Fla. 1st DCA 1995); Willis v. State, 665 So. 2d 354 (Fla. 1st DCA 1995). Such an error is considered fundamental. See Strickland v. State, 693 So. 2d 1142 (Fla. 1st DCA 1997). Accordingly, we are obliged to strike the public defender lien, without prejudice. On remand, a lien may again be imposed, provided that appellant is given notice and an opportunity to contest its amount. We recognize that app…
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Sculley v. State, 742 So. 2d 286 (Fla. 1st DCA 1998)…is rights to contest the amount of the lien). Consistent with our prior decisions, we consider these types of errors to be fundamental. See Matke v. State, No. 97-1386, - So. 2d -, 1998 WL 55968 (Fla. 1st DCA February 13, 1998); Strickland v. State, 693 So. 2d 1142 (Fla. 1st DCA 1997); Neal v. State, 688 So. 2d 392, 396 (Fla. 1st DCA 1997)(“the supreme court has held that it is ‘fundamental’ error to order a criminal defendant to pay attorney fees without affording adequate notice and an opportunity to be hear…
Authorities Cited
- Neal v. State, 688 So. 2d 392 (Fla. 1st DCA 1997)
- Brock v. State, 667 So. 2d 1014 (Fla. 1st DCA 1996)