Kalchthaler v. State

District Court of Appeal of Florida

Kalchthaler v. State

696 So. 2d 1327, 1997 Fla. App. LEXIS 8425, 1997 WL 408710

CourtDistrict Court of Appeal of Florida

DecidedJuly 23, 1997

DocketNo. 96-00736

StatusPublished

This text of 696 So. 2d 1327 (Kalchthaler 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

Kalchthaler v. State, 696 So. 2d 1327, 1997 Fla. App. LEXIS 8425, 1997 WL 408710 (Fla. Ct. App. 1997).

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Opinion

THREADGILL, Judge.

Raymond Kalehthaler appeals a judgment and sentence for aggravated battery. We affirm the conviction and sentence, but remand for further proceedings with respect to a pubhc defender’s hen. The trial court imposed a pubhc defender’s hen without advising Mr. Kalehthaler of his right to contest the amount of the hen, as required by Florida Rule of Criminal Procedure 3.720(d)(1). We, therefore, remand the case with instructions to give Mr. Kalehthaler thirty days from the date of the mandate to file a written objection to the amount of the hen. If an objection is filed, the hen must be stricken and a new hen may be imposed thereafter only upon comphance with rule 3.720(d). See Bourque v. State, 595 So.2d 222 (Fla. 2d DCA 1992).

Affirmed; remanded with instructions.

DANAHY, A.C.J., and CAMPBELL, J., concur.

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THREADGILL, Judge.

Raymond Kalehthaler appeals a judgment and sentence for aggravated battery. We affirm the conviction and sentence, but remand for further proceedings with respect to a pubhc defender’s hen. The trial court imposed a pubhc defender’s hen without advising Mr. Kalehthaler of his right to contest the amount of the hen, as required by Florida Rule of Criminal Procedure 3.720(d)(1). We, therefore, remand the case with instructions to give Mr. Kalehthaler thirty days from the date of the mandate to file a written objection to the amount of the hen. If an objection is filed, the hen must be stricken and a new hen may be imposed thereafter only upon comphance with rule 3.720(d). See Bourque v. State, 595 So.2d 222 (Fla. 2d DCA 1992).

Affirmed; remanded with instructions.

DANAHY, A.C.J., and CAMPBELL, J., concur.

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696 So. 2d 1327, 1997 Fla. App. LEXIS 8425, 1997 WL 408710, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kalchthaler-v-state-fladistctapp-1997.

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