EZEKIAS MIKE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Ezekias Mike appeals his conviction for attempted murder in the first degree and shooting into a building. The court affirmed the conviction but reversed the imposition of a public defender's lien imposed without notice or opportunity to be heard, and remanded for proper procedures to be followed.
The court held that the trial court erred in imposing the public defender's lien without notice and an opportunity for the defendant to be heard. The imposition of the lien was reversed and the case was remanded for the trial court to provide notice of the defendant's right to a hearing and an opportunity to contest the amount of the public defender's lien.
[1] A public defender's lien cannot be imposed without notice and an opportunity to be heard.
[2] A defendant has the right to a hearing to contest the amount of a public defender's lien.
Previewing 2 of 4 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“appellant contends the court erred in assessing a public defender fee and costs where there was no notice nor opportunity to be heard”
Establishes the core issue on appeal regarding the improper imposition of public defender fees
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Join FLexlaw to unlock all legal intelligenceAppellant Ezekias Mike was convicted of attempted murder in the first degree with a firearm and shooting into a building. The trial court assessed a p…
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PER CURIAM.
Appellant Ezekias Mike appeals from conviction and sentence on attempted murder in the first degree with a firearm and shooting into a building. In addition to other issues which we affirm without discussion, appellant contends the court erred in assessing a public defender fee and costs where there was no notice nor opportunity to be heard. In accordance with our recent case, Dodson v. State, 710 So. 2d 159 (Fla. 1st DCA 1998), we reverse the imposition of the public .defender’s lien and remand with directions to provide notice of. the defendant’s right to a hearing to contest the amount of the public defender’s hen and an opportunity to be heard regarding the reassessment. We again certify to the Florida Supreme Court, as a question of great public importance, the following question:
WHETHER THE WRONGFUL IMPOSITION OF A PUBLIC DEFENDER’S LIEN CONSTITUTES FUNDAMENTAL ERROR WHICH MAY BE CHALLENGED ON DIRECT APPEAL WITHOUT HAVING BEEN PRESENTED TO THE TRIAL COURT, IN LIGHT OF SECTION 924.051(3), FLORIDA STATUTES (SUPP.1996), AND AMENDED RULE 3.800(B), FLORIDA RULES OF CRIMINAL PROCEDURE.
On remand, the trial court is also directed to clarify the amount of court costs to be paid and the statutory authority for such costs. We note that the sentence contains a provision for court costs of $253.00, -while the Order of Community Control/ Probation/Drug Offender Probation contains additional court costs, including a sum of $1,000.00 pursuant to section 27.3455, Florida Statues (Local Government Criminal Justice Trust Fund).
AFFIRMED in part, REVERSED in part; and REMANDED, with directions.
MINER, KAHN and WEBSTER, JJ., concur.
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Citator
Cited By
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Maddox v. State, 760 So. 2d 89 (Fla. 2000)…a. 1st DCA 1998), review granted, 729 So. 2d 394 (Fla.1999) (Case No. 94,256) Habitual Offender Sentence McLean v. State, 732 So. 2d 1211 (Fla. 1st DCA 1999), review granted, 744 So. 2d 455 (Fla.1999) (Case No. 95,949) Costs Error Mike v. State, 708 So. 2d 1042 (Fla. 1st DCA), review granted, 719 So. 2d 893 (Fla.1998) (Case No. 93,163) Costs Error Parks v. State, 719 So. 2d 1212 (Fla. 5th DCA 1998), review granted, 727 So. 2d 909 (Fla.1999) (Case No. 94,286) Sentence Exceeding Statutory Maximum Perry v…1 / 2
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State v. Ezekias Mike, 760 So. 2d 145 (Fla. 2000)…PER CURIAM. We have for review Mike v. State, 708 So. 2d 1042 (Fla. 1st DCA 1998), wherein the First District certified the following question to be one of great public importance: WHETHER THE WRONGFUL IMPOSITION OF A PUBLIC DEFENDER’S LIEN CONSTITUTES FUNDAMENTAL ERROR WHICH MAY BE CHALLENGED ON DIRECT APPE…
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Ezekias Mike v. State, 770 So. 2d 171 (Fla. 1st DCA 2000)…low,” we are confident that the Supreme Court intended only to quash that portion of our decision that reversed the imposition of a public defender’s lien. In our previous opinion, we affirmed all other issues raised by appellant. See Mike v. State, 708 So. 2d 1042 (Fla. 1st DCA 1998). We now affirm the conviction in all regards. AFFIRMED. MINER, KAHN, and WEBSTER, JJ., CONCUR.…
Authorities Cited
- Dodson v. State, 710 So. 2d 159 (Fla. 1st DCA 1998)