STATE OF FLORIDA, PETITIONER,
v.
RICKY ALLEN DODSON, RESPONDENT

Fla. | 2000-06-15
No. SC93077
HARDING, C.J., and SHAW, WELLS, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur.
760 So. 2d 145 Florida Supreme Court (2000) Positive Treatment
Cited by 6 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

We have for review Dodson v. State, 710 So. 2d 159 (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 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.

For the reasons expressed in our opinion in Maddox v. State, 760 So. 2d 89 (Fla.2000), we answer the certified question in the negative. We quash the decision below and find that the unpreserved sentencing errors asserted in this case do not constitute fundamental error. It is so ordered.

HARDING, C.J., and SHAW, WELLS, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Mills v. State, 177 So. 3d 984 (Fla. 1st DCA 2015)
    …sentencing, the defendant has an opportunity to object to unauthorized costs. However, the imposition of these costs does not constitute fundamental error, much less rise to the level of an 'illegal' sentence.” (citations omitted)); State v. Dodson, 760 So. 2d 145, 145-46 (Fla.2000) (holding wrongful imposition of a public defender’s lien does not constitute fundamental error which may be challenged on direct appeal without having been presented to the trial court pursuant to Rule 3.800(b)). . Section 27.52,…
  • Woods v. State, 879 So. 2d 651 (Fla. 5th DCA 2004)
    …eard and offer objection to the determination, and to be represented by counsel, with due opportunity to exercise and be accorded the procedures and rights provided in the laws and court rules pertaining to civil cases at law. . In State v. Dodson, 760 So. 2d 145 (Fla.2000), the court held that the wrongful imposition of a public defender's lien does not constitute fundamental error that may be challenged on direct appeal without having been presented to the trial court via a rule 3.800(b) motion. Subsequent…
  • Doyle Carter v. State, 787 So. 2d 193 (Fla. 1st DCA 2001)
    …ate, 710 So. 2d 159, 160 (Fla. 1st DCA 1998)(“[A] public defender’s fee cannot be imposed without notice and an opportunity to be heard to contest the amount.”), opinion quashed on grounds that error had not been properly preserved, State v. Dodson, 760 So. 2d 145 (Fla.2000). We, therefore, reverse the imposition of these costs and remand to the trial court with directions to strike the special condition of probation requiring appellant to “bear the costs” of the random urinalysis, and to allow appellant an o…

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