MARLON D. MCCARTHAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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This is an appeal in which the Office of Criminal Conflict and Civil Regional Counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We affirm Appellant’s conviction and sentence since no reversible error occurred in this case. However, we strike the one hundred dollar indigent legal assistance lien imposed, since Appellant was not given notice of his right to a hearing to contest the amount of this lien. See Fla. R.Crim. P. 3.720(d)(1) (“Notice of the accused’s right to a hearing to contest the amount of the lien shall be given at the time of sentence.”); Patterson v. State, 686 So.2d 758, 758 (Fla. 1st DCA 1997).
Accordingly, we AFFIRM Appellant’s conviction and sentence, but we REVERSE and REMAND for a hearing to allow Appellant notice and opportunity to contest the amount of the lien before it may be reimposed.
ROWE, MARSTILLER, and SWANSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Harris v. State, 100 So. 3d 245 (Fla. 1st DCA 2012)…trike the $100 indigent legal assistance lien imposed pursuant to section 938.29, Florida Statutes (2009), because the trial court did not give the appellant notice of the lien or his right to a hearing to contest the amount. See McCarthan v. State, 91 So. 3d 268 (Fla. 1st DCA 2012). On remand, the trial court may only reimpose the lien if it provides the appellant with the requisite notice. See Vaughn v. State, 65 So. 3d 138 (Fla. 1st DCA 2011). We also strike the $20 court cost imposed pursuant to sectio…
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Pruitt v. State, 98 So. 3d 231 (Fla. 1st DCA 2012)…given notice of his right to a hearing to contest the amount of this lien. See Fla. R.Crim. P. 3.720(d)(1) (“Notice of the accused’s right to a hearing to contest the amount of the lien shall be given at the time of sentence.”); McCarthan v. State, 91 So. 3d 268 (Fla. 1st DCA 2012) ([W]e strike the $100 indigent legal assistance lien imposed, since the appellant was not given notice of his right to a hearing to contest the amount of this lien.). On re [*232] mand, if the trial court wishes to impose the pub…
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Fredrick Colson v. State, 114 So. 3d 415 (Fla. 1st DCA 2013)…6 (Fla. 1st DCA 2012). We also strike the $100 indigent legal assistance lien imposed pursuant to section 938.29, Florida Statutes, as the appellant was not provided with notice or advised of his right to contest this amount. See McCarthan v. State, 91 So. 3d 268, 269 (Fla. 1st DCA 2012). On remand, the trial court may reimpose the stricken fine, surcharge, and fee after giving the appellant notice and following the proper procedure. See Kirkland v. State, 106 So. 3d 4 (Fla. 1st DCA 2013) (indigent legal ass…
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- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Patterson v. State, 686 So. 2d 758 (Fla. 1st DCA 1997)