WILLIAM L. WILLIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1997-05-30
No. 96-01000
Blue, J., Threadgill, C.J., Parker, J.
696 So. 2d 1222 Florida District Court of Appeal, Second District (1997)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Court affirmed Willis's convictions for armed robbery and attempted armed robbery but remanded to correct the improper imposition of a public defender's lien without notice and opportunity to contest.


Holding

A trial court must advise a defendant of his right to contest the amount of a public defender's lien before imposing it.


Headnotes

[1] A trial court must advise a defendant of his right to contest the amount of a public defender's lien before imposing it, as required by Florida Rule of Criminal Procedure…

Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Willis pleaded no contest to three counts of armed robbery and three counts of attempted armed robbery, reserving the right to appeal the denial of hi…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
BLUE, Judge.

BLUE, Judge.

William L. Willis pleaded no contest to three counts of armed robbery and three counts of attempted armed robbery, reserv ing the right to appeal the denial of his dispositive motion to exclude identification evidence. Willis’s appellate counsel filed this appeal pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). After an independent review of the record, we find no arguable merit to the appeal, except for an error in the assessment of a public defender lien. Accordingly, we affirm Willis’s convictions.

The trial court improperly imposed a public defender’s lien without advising Willis of his right to contest the amount of the lien, as required by Florida Rule of Criminal Procedure 3.720(d)(1). See Howard v. State, 674 So. 2d 187 (Fla. 2d DCA 1996). We remand the ease with instructions to give Willis thirty days from the date of the mandate to file a written objection to the amount assessed. If Willis files an objection with the trial court, the assessment shall be stricken and a new assessment shall not be imposed without notice and a hearing pursuant to rule 3.720(d)(1). See Trice v. State, 655 So. 2d 1270 (Fla. 2d DCA 1995); Bourque v. State, 595 So. 2d 222 (Fla. 2d DCA 1992).

Affirmed and remanded with instructions.

THREADGILL, C.J., and PARKER, J., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw