Fulmore v. State

District Court of Appeal of Florida

Fulmore v. State

634 So. 2d 829, 1994 Fla. App. LEXIS 3716, 1994 WL 140723

CourtDistrict Court of Appeal of Florida

DecidedApril 22, 1994

DocketNo. 93-501

StatusPublished

Cited by3 cases

This text of 634 So. 2d 829 (Fulmore 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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Fulmore v. State, 634 So. 2d 829, 1994 Fla. App. LEXIS 3716, 1994 WL 140723 (Fla. Ct. App. 1994).

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Opinion

THOMPSON, Judge.

Lawrence R. Fulmore appeals his convictions for possession of cocaine¹ in count one and the lesser included offense of battery² in count two of the information. We affirm his convictions and sentence but we strike the assessment of fees. It was error for the trial court to assess the state attorney’s fee of $250. Turkaly v. State, 615 So.2d 222 (Fla. 5th DCA 1993); Smith v. State, 606 So.2d 501 (Fla. 5th DCA 1992). The defense argues that it was also error to assess a public defender lien of $100 without prior notice to Fulmore that he had the right to contest the amount of the lien to be imposed. Florida Rule of Criminal Procedure 3.720(d)(1) requires that Fulmore be advised of his right to a hearing to contest the amount of the lien. The $100 public defender’s lien is stricken without prejudice to the reimposition of the lien upon remand after Fulmore is advised of his rights. Bull v. State, 548 So.2d 1103 (Fla.1989); Smith v. State, 622 So.2d 638 (Fla. 5th DCA 1993).

JUDGMENT and SENTENCE AFFIRMED; PUBLIC DEFENDER’S LIEN QUASHED and REMANDED FOR PROCEEDINGS CONSISTENT WITH THIS OPINION.

HARRIS, C.J., and GOSHORN, J., concur.

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THOMPSON, Judge.

Lawrence R. Fulmore appeals his convictions for possession of cocaine¹ in count one and the lesser included offense of battery² in count two of the information. We affirm his convictions and sentence but we strike the assessment of fees. It was error for the trial court to assess the state attorney’s fee of $250. Turkaly v. State, 615 So.2d 222 (Fla. 5th DCA 1993); Smith v. State, 606 So.2d 501 (Fla. 5th DCA 1992). The defense argues that it was also error to assess a public defender lien of $100 without prior notice to Fulmore that he had the right to contest the amount of the lien to be imposed. Florida Rule of Criminal Procedure 3.720(d)(1) requires that Fulmore be advised of his right to a hearing to contest the amount of the lien. The $100 public defender’s lien is stricken without prejudice to the reimposition of the lien upon remand after Fulmore is advised of his rights. Bull v. State, 548 So.2d 1103 (Fla.1989); Smith v. State, 622 So.2d 638 (Fla. 5th DCA 1993).

JUDGMENT and SENTENCE AFFIRMED; PUBLIC DEFENDER’S LIEN QUASHED and REMANDED FOR PROCEEDINGS CONSISTENT WITH THIS OPINION.

HARRIS, C.J., and GOSHORN, J., concur.

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634 So. 2d 829, 1994 Fla. App. LEXIS 3716, 1994 WL 140723, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fulmore-v-state-fladistctapp-1994.

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