ERNESTO GARCIA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1997-06-20
No. 96-00870
SCHOONOVER, A.C.J., and LAZZARA and QUINCE, JJ., concur.
695 So. 2d 892 Florida District Court of Appeal, Second District (1997) Positive Treatment
Cited by 6 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Ernesto Garcia challenges only the imposition of the public defender’s lien in the amount of $750 in his burglary case, circuit court case number 95-10401. We affirm his convictions and sentences for attempted sexual battery and the burglary but reverse and remand for further proceedings with respect to the public defender’s hen.

The trial court failed to advise the appellant of his right to a hearing to contest the amount of the lien. See Fla. R.Cnm. P. 3.720(d)(1). We remand this case with instructions to permit the appellant thirty days to file a written objection to the amount of the lien. If he files an objection, the circuit court must strike the lien and may not impose a new assessment without notice and a hearing. See Trice v. State, 655 So. 2d 1270 (Fla. 2d DCA 1995); Bourque v. State, 595 So. 2d 222 (Fla. 2d DCA 1992).

Convictions and sentences affirmed; reversed and remanded as to the lien.

SCHOONOVER, A.C.J., and LAZZARA and QUINCE, JJ., concur.


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  • Grantham v. State, 712 So. 2d 851 (Fla. 5th DCA 1998)
    …d by appellant that was denied by the trial court as successive and improper. In appellant’s previous 3.850 appeal, we issued a written opinion agreeing with the trial court that appellant’s motion was successive and improper. See Grantham v. State, 695 So. 2d 892 (Fla. 5th DCA 1997). Appellant has continually raised ineffective assistance of counsel and involuntary plea claims, which all could have been raised in the first 3.850 motion. We therefore affirm the order denying relief, and prohibit Anthony S. Gr…
  • Yurko v. State, 732 So. 2d 1227 (Fla. 5th DCA 1999)
    …PER CURIAM. See Fla. R.Crim. P. 3.850(f); Grantham v. State, 695 So. 2d 892 (Fla. 5th DCA 1997). AFFIRMED. DAUKSCH, W. SHARP and THOMPSON, JJ., concur.…
  • Willis v. State, 918 So. 2d 987 (Fla. 5th DCA 2006)
    …PER CURIAM. AFFIRMED. See Grantham, v. State, 695 So. 2d 892 (Fla. 5th DCA 1997). SHARP, W., ORFINGER, JJ., and PETERSON, E., Senior Judge, concur.…

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