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Perry v. State

District Court of Appeal of Florida, Fourth District
Dec 16, 1998
721 So. 2d 822 (Fla. Dist. Ct. App. 1998)

Opinion

No. 97-2732.

December 16, 1998.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Joyce A. Julian, Judge; L.T. Case No. 97-7281 CF10A.

Richard L. Jorandby, Public Defender, and Anthony Calvello, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.


Appellant pled guilty pursuant to a plea agreement and then filed a notice of appeal. The only point raised by appellant is the imposition of $90 in public defender fees without notice. This case is a perfect example of why Hyden v. State, 715 So.2d 960 (Fla. 4th DCA 1998), requiring a defendant to move for correction of such errors through Florida Rule of Criminal Procedure 3.800(b), is appropriate. This case has generated an initial brief, answer brief, reply brief and notice of supplemental authority, a staff memo by a judge's law clerk, the attention of the judges to the briefs and memos, and our court's clerk's office processing of the opinion — all for $90 in fees. Bringing such errors to the attention of the trial court within 30 days is far more efficient than correcting such errors through the appellate process. See Hyden, 715 So.2d at 962.

Affirmed.

STEVENSON, J., concurs.

GUNTHER, J., concurs in result only.


Summaries of

Perry v. State

District Court of Appeal of Florida, Fourth District
Dec 16, 1998
721 So. 2d 822 (Fla. Dist. Ct. App. 1998)
Case details for

Perry v. State

Case Details

Full title:Shirley Ann PERRY, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Dec 16, 1998

Citations

721 So. 2d 822 (Fla. Dist. Ct. App. 1998)