MARIE SAUNDERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
In this direct criminal appeal, we affirm appellant’s convictions and sentences. We conclude that the trial court correctly denied appellant’s motions for judgment of acquittal, and that Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), does not prohibit the trial court’s finding that appellant qualified as an habitual felony offender. See, e.g., Jones v. State, 791 So. 2d 580 (Fla. 1st DCA 2001). However, because the trial court failed to inform appellant before imposing a public defender lien of her right to contest the amount, and because appellant preserved this issue by a timely filed motion pursuant to Florida Rule of Criminal Procedure 3.800(b) (which the trial court denied), we are constrained to reverse the imposition of the public defender lien, and to remand with directions that the trial court afford appellant an opportunity to have a hearing at which she may contest the amount. See Campbell v. State, 745 So. 2d 500 (Fla. 1st DCA 1999).
AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.
WEBSTER, LEWIS and HAWKES, JJ., concur.
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Enoch Eugene Dinkens v. State, 976 So. 2d 660 (Fla. 1st DCA 2008)…State, 923 So. 2d 578, 582 (Fla. 5th DCA 2006); Tillman v. State, 900 So. 2d 633, 633-34 (Fla. 2d DCA 2005); Frumenti v. State, 885 So. 2d 924, 924 (Fla. 5th DCA 2004); McBride v. State, 884 So. 2d 476, 477-78 (Fla. 4th DCA 2004); Saunders v. State, 863 So. 2d 458, 459 (Fla. 1st DCA 2004); Graham v. State, 822 So. 2d 576, 578-79 (Fla. 1st DCA 2002); Jones v. State, 791 So. 2d 580, 581 (Fla. 1st DCA 2001); Saldo v. State, 789 So. 2d 1150, 1151 (Fla. 3d DCA 2001); Gordon v. State, 787 So. 2d 892, 893-94 (Fla. 4…
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Humiston v. State, 908 So. 2d 1098 (Fla. 1st DCA 2005)…PER CURIAM. AFFIRMED. See Saunders v. State, 863 So. 2d 458, 459 (Fla. 1st DCA 2004) (“Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), does not prohibit the trial court’s finding that appellant qualified as an habitual felony offender. See, e.g., Jones v. State, 791 So. 2d 580 (…
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Pride v. State, 944 So. 2d 1243 (Fla. 1st DCA 2006)…a public-defender lien without affording him notice of the right to contest the amount. We agree and reverse. See Schimmel v. State, 940 So. 2d 584 (Fla. 1st DCA 2006); Wagner v. McDonough, 927 So. 2d 216 (Fla. 1st DCA 2006); and Saunders v. State, 863 So. 2d 458 (Fla. 1st DCA 2004). On remand, the trial court, in its discretion, may reimpose the lien after compliance with rule 3.720(d)(1). AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings consistent with this opinion. WEBSTER, BEN…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Apprendi v. New Jersey, 530 U.S. 466 (U.S. 2000)
- Benny Jones v. State, 791 So. 2d 580 (Fla. 1st DCA 2001)
- Walker v. State, 791 So. 2d 580 (Fla. 1st DCA 2001)
- Theodora Campbell v. State, 745 So. 2d 500 (Fla. 1st DCA 1999)