LARRY PRIDE, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Larry Pride, Jr. appeals his conviction for sale of cocaine. We summarily affirm Issues I and II raised by Pride. In his third issue, appellant argues that the trial court committed a sentencing error contrary to Florida Rule of Criminal Procedure 3.720(d)(1) by imposing 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, BENTON, AND VAN NORTWICK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Smith v. State, 7 So. 3d 646 (Fla. 4th DCA 2009)…d hold a hearing on this issue; if no written objection is filed, the court may reimpose the fees without a hearing. McGee v. State, 963 So. 2d 931, 932 (Fla. 2d DCA 2007); see also Jerry v. State, 955 So. 2d 668 (Fla. 4th DCA 2007); Pride v. State, 944 So. 2d 1243 (Fla. 1st DCA 2006). Accordingly, appellate counsel’s motion to withdraw is granted, and the public defender’s fees are stricken. On remand, if Smith files a written objection to the amount of the fees within thirty days of this court’s mandate, t…
Authorities Cited
- C.R. v. State, 927 So. 2d 216 (Fla. 5th DCA 2006)
- Wagner v. McDONOUGH, 927 So. 2d 216 (Fla. 1st DCA 2006)
- McAnthony James Bell v. State, 863 So. 2d 458 (Fla. 1st DCA 2004)
- Saunders v. State, 863 So. 2d 458 (Fla. 1st DCA 2004)
- Schimmel v. State, 940 So. 2d 584 (Fla. 1st DCA 2006)