Fraim v. State

District Court of Appeal of Florida

Fraim v. State

678 So. 2d 527, 1996 Fla. App. LEXIS 9116, 1996 WL 492176

CourtDistrict Court of Appeal of Florida

DecidedAugust 30, 1996

DocketNo. 95-2450

StatusPublished

Cited by2 cases

This text of 678 So. 2d 527 (Fraim 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

Fraim v. State, 678 So. 2d 527, 1996 Fla. App. LEXIS 9116, 1996 WL 492176 (Fla. Ct. App. 1996).

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Opinion

W. SHARP, Judge.

We affirm Fraim’s conviction and sentence for failure to appear in violation of section 812.014(1) and (2)(c). However, pursuant to Andrews v. State, 660 So.2d 394 (Fla. 5th DCA 1995), we strike the $250.00 public defender hen assessed against him because it was imposed without notice or opportunity to contest the amount. The trial court did orally announce the public defender’s hen, which is part of the “charges and costs fees” portion of the standard forms for judgment and sentence. On remand, the trial court may reimpose the lien after giving Fraim due notice, and affording him an opportunity to oppose it. See Fla. R. Crim. P. 3.720(d)(1).

AFFIRMED, LIEN STRICKEN, REMANDED.

GRIFFIN and THOMPSON, JJ., concur.

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W. SHARP, Judge.

We affirm Fraim’s conviction and sentence for failure to appear in violation of section 812.014(1) and (2)(c). However, pursuant to Andrews v. State, 660 So.2d 394 (Fla. 5th DCA 1995), we strike the $250.00 public defender hen assessed against him because it was imposed without notice or opportunity to contest the amount. The trial court did orally announce the public defender’s hen, which is part of the “charges and costs fees” portion of the standard forms for judgment and sentence. On remand, the trial court may reimpose the lien after giving Fraim due notice, and affording him an opportunity to oppose it. See Fla. R. Crim. P. 3.720(d)(1).

AFFIRMED, LIEN STRICKEN, REMANDED.

GRIFFIN and THOMPSON, JJ., concur.

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Bluebook (online)

678 So. 2d 527, 1996 Fla. App. LEXIS 9116, 1996 WL 492176, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fraim-v-state-fladistctapp-1996.

Opinion

W. SHARP, Judge.

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