Duffey v. State

District Court of Appeal of Florida

Duffey v. State

629 So. 2d 1115, 1994 Fla. App. LEXIS 186, 1994 WL 12415

CourtDistrict Court of Appeal of Florida

DecidedJanuary 21, 1994

DocketNo. 93-2069

StatusPublished

Cited by1 cases

This text of 629 So. 2d 1115 (Duffey 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.

Bluebook

Duffey v. State, 629 So. 2d 1115, 1994 Fla. App. LEXIS 186, 1994 WL 12415 (Fla. Ct. App. 1994).

Pincite

Opinion

PER CURIAM.

We affirm the summary denial of appellant William J. Duffey’s motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, with the exception of that portion of the trial court’s order which upholds the imposition of a $500 public defender’s lien. See Kirshner v. State, 533 So.2d 322 (Fla. 5th DCA 1988). In this regard, we vacate that portion of the trial court’s order and remand this cause either for attachment of the portions of the record refuting Duffey’s contention that he did not receive notice of and a hearing regarding the imposition of that lien, or for compliance with the notice and hearing requirements of Florida Rule of Criminal Procedure 3.720(d)(1) and section 27.56, Florida Statutes (1993).

AFFIRMED in part; REVERSED in part;' REMANDED.

HARRIS, C.J., and COBB and DIAMANTIS, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

We affirm the summary denial of appellant William J. Duffey’s motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, with the exception of that portion of the trial court’s order which upholds the imposition of a $500 public defender’s lien. See Kirshner v. State, 533 So.2d 322 (Fla. 5th DCA 1988). In this regard, we vacate that portion of the trial court’s order and remand this cause either for attachment of the portions of the record refuting Duffey’s contention that he did not receive notice of and a hearing regarding the imposition of that lien, or for compliance with the notice and hearing requirements of Florida Rule of Criminal Procedure 3.720(d)(1) and section 27.56, Florida Statutes (1993).

AFFIRMED in part; REVERSED in part;' REMANDED.

HARRIS, C.J., and COBB and DIAMANTIS, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

629 So. 2d 1115, 1994 Fla. App. LEXIS 186, 1994 WL 12415, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duffey-v-state-fladistctapp-1994.

Opinion

Related

Cite This Page — Counsel Stack