From Casetext: Smarter Legal Research

Smith v. State

District Court of Appeal of Florida, Fifth District
Aug 27, 1993
622 So. 2d 638 (Fla. Dist. Ct. App. 1993)

Opinion

No. 93-363.

August 27, 1993.

Appeal from the Circuit Court for Orange County; John H. Adams, Judge.

James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.

No Appearance for appellee.


The judgment and sentence in this case are affirmed except for the assessment of a public defender's lien against the defendant. The record does not show that the defendant was advised of his right to a hearing to contest the amount of the lien as required by Florida Rule of Criminal Procedure 3.720(d)(1). See also Bull v. State, 548 So.2d 1103 (Fla. 1989). Therefore, the public defender's lien of $300.00 is stricken, without prejudice to the reimposition of the lien upon remand after compliance with Florida Rule of Criminal Procedure 3.720(d)(1).

JUDGMENT and SENTENCE AFFIRMED; LIEN QUASHED and REMANDED.

GRIFFIN and THOMPSON, JJ., concur.


Summaries of

Smith v. State

District Court of Appeal of Florida, Fifth District
Aug 27, 1993
622 So. 2d 638 (Fla. Dist. Ct. App. 1993)
Case details for

Smith v. State

Case Details

Full title:JOSEPH HENRY SMITH, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Aug 27, 1993

Citations

622 So. 2d 638 (Fla. Dist. Ct. App. 1993)

Citing Cases

Ward v. State

However, the trial court improperly imposed attorney's fees against Ward because he was not notified of his…

Stafford v. State

The First Step deposit and the public defender's lien are vacated without prejudice for the court to reimpose…