Dyson v. State

District Court of Appeal of Florida

Dyson v. State

670 So. 2d 1196, 1996 Fla. App. LEXIS 3363, 1996 WL 154466

CourtDistrict Court of Appeal of Florida

DecidedApril 4, 1996

DocketNo. 95-1589

StatusPublished

This text of 670 So. 2d 1196 (Dyson 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

Dyson v. State, 670 So. 2d 1196, 1996 Fla. App. LEXIS 3363, 1996 WL 154466 (Fla. Ct. App. 1996).

Pincite

Opinion

W. SHARP, Judge.

After a jury trial, Dyson was adjudicated guilty of robbery with a firearm¹ and possession of a firearm by a minor.² Pursuant to a plea of no contest entered at sentencing, he was also adjudicated guilty of possession of a firearm by a convicted delinquent³ and reserved his right to appeal the case. He was sentenced to forty-eight months on each felony, and received a three-year minimum mandatory sentence because of the' firearm. This was a downward departure sentence.

Finding no error in this case, we affirm in all respects except for the imposition of a $500.00 publie defender’s lien. The record discloses it was imposed without apprising Dyson of his right to challenge the amount, in violation of Florida Rule of Criminal Procedure. 3.720(d)(1). Pursuant to Fontenont v. State, 631 So.2d 379 (Fla. 5th DCA 1994), the lien must be stricken without prejudice to its reimposition, after compliance with the rule.

AFFIRMED in part; Lien STRICKEN; REMANDED.

COBB and ANTOON, JJ., concur.

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W. SHARP, Judge.

After a jury trial, Dyson was adjudicated guilty of robbery with a firearm¹ and possession of a firearm by a minor.² Pursuant to a plea of no contest entered at sentencing, he was also adjudicated guilty of possession of a firearm by a convicted delinquent³ and reserved his right to appeal the case. He was sentenced to forty-eight months on each felony, and received a three-year minimum mandatory sentence because of the' firearm. This was a downward departure sentence.

Finding no error in this case, we affirm in all respects except for the imposition of a $500.00 publie defender’s lien. The record discloses it was imposed without apprising Dyson of his right to challenge the amount, in violation of Florida Rule of Criminal Procedure. 3.720(d)(1). Pursuant to Fontenont v. State, 631 So.2d 379 (Fla. 5th DCA 1994), the lien must be stricken without prejudice to its reimposition, after compliance with the rule.

AFFIRMED in part; Lien STRICKEN; REMANDED.

COBB and ANTOON, JJ., concur.

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Bluebook (online)

670 So. 2d 1196, 1996 Fla. App. LEXIS 3363, 1996 WL 154466, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dyson-v-state-fladistctapp-1996.

Opinion

W. SHARP, Judge.

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