Benton v. State

District Court of Appeal of Florida

Benton v. State

440 So. 2d 493, 1983 Fla. App. LEXIS 24122

CourtDistrict Court of Appeal of Florida

DecidedNovember 9, 1983

DocketNo. 82-240

StatusPublished

Cited by1 cases

This text of 440 So. 2d 493 (Benton v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Benton v. State, 440 So. 2d 493, 1983 Fla. App. LEXIS 24122 (Fla. Ct. App. 1983).

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Opinion

PER CURIAM.

Upon review of the record, we find that the trial court erred in assessing appellant $250 in attorney’s fees for his representation by the public defender without affording him the notice of hearing thereon and opportunity to be heard required by section 27.56(7), Florida Statutes (1981). Drumm v. State, 432 So.2d 765 (Fla. 2d DCA 1983); Gryca v. State, 315 So.2d 221 (Fla. 1st DCA 1975). In addition, we find no valid waiver by appellant of this statutory requirement.

Accordingly, we reverse the final judgment assessing attorney’s fees and remand for a hearing on the amount of the fee with proper notice to the appellant and an opportunity to be heard.

OTT, C.J., and BOARDMAN and DAN-AHY, JJ., concur.

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PER CURIAM.

Upon review of the record, we find that the trial court erred in assessing appellant $250 in attorney’s fees for his representation by the public defender without affording him the notice of hearing thereon and opportunity to be heard required by section 27.56(7), Florida Statutes (1981). Drumm v. State, 432 So.2d 765 (Fla. 2d DCA 1983); Gryca v. State, 315 So.2d 221 (Fla. 1st DCA 1975). In addition, we find no valid waiver by appellant of this statutory requirement.

Accordingly, we reverse the final judgment assessing attorney’s fees and remand for a hearing on the amount of the fee with proper notice to the appellant and an opportunity to be heard.

OTT, C.J., and BOARDMAN and DAN-AHY, JJ., concur.

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440 So. 2d 493, 1983 Fla. App. LEXIS 24122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benton-v-state-fladistctapp-1983.

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