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Strickland v. State

District Court of Appeal of Florida, First District
May 22, 1997
693 So. 2d 1142 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-2053

Opinion filed May 22, 1997.

An appeal from the Circuit Court for Duval County. Henry Davis, Judge.

Nancy A. Daniels, Public Defender; Michael A. Wasserman, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; James W. Rogers, Senior Assistant Attorney General, Tallahassee, for Appellee.


We affirm appellant's sentence but strike the attorney fee imposed because appellant was not informed that he had a right to challenge the assessment, which is fundamental error. See Neal v. State, 22 Fla. L. Weekly D416, D418 (Fla. 1st DCA Feb. 10, 1997)("[T]he state overlooks the fact that the supreme court has held that it is `fundamental' error to order a criminal defendant to pay attorney fees without affording adequate notice and an opportunity to be heard."). The fee may again be imposed on remand provided appellant is afforded adequate notice and an opportunity to contest its amount. Brock v. State, 667 So.2d 1014 (Fla. 1st DCA 1996).

MINER, LAWRENCE and PADOVANO, JJ., CONCUR.


Summaries of

Strickland v. State

District Court of Appeal of Florida, First District
May 22, 1997
693 So. 2d 1142 (Fla. Dist. Ct. App. 1997)
Case details for

Strickland v. State

Case Details

Full title:RONNIE STRICKLAND, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, First District

Date published: May 22, 1997

Citations

693 So. 2d 1142 (Fla. Dist. Ct. App. 1997)

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