Home/District Court of Appeal of Florida/Kirby v. State

Kirby v. State

658 So. 2d 1232, 1995 WL 488170
CourtDistrict Court of Appeal of Florida
DecidedAugust 17, 1995
Docket94-4092
StatusPublished
Cited by15 cases

This text of 658 So. 2d 1232 (Kirby 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
Kirby v. State, 658 So. 2d 1232, 1995 WL 488170 (Fla. Ct. App. 1995).

Opinion

658 So.2d 1232 (1995)

Thelonious W. KIRBY, Appellant,
v.
STATE of Florida, Appellee.

No. 94-4092.

District Court of Appeal of Florida, First District.

August 17, 1995.

Nancy A. Daniels, Public Defender, P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Giselle Lylen Rivera, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

The trial court erred in imposing public defender fees without giving Thelonious Kirby notice of the amount of the fees imposed, as well as notice of the right to a hearing to contest that amount, as required under section 27.56(7), Florida Statutes (1993), and Florida Rule of Criminal Procedure 3.720(d)(1). See Wright v. State, 654 So.2d 252 (Fla. 1st DCA 1995); L.A.D. v. State, 616 So.2d 106 (Fla. 1st DCA), rev. denied, 624 So.2d 268 (Fla. 1993); Buiey v. State, 583 So.2d 384 (Fla. 1st DCA 1991). Accordingly, we REVERSE the imposition of the fees and remand to allow Kirby notice and opportunity to be heard on the amount of the fee. The judgment and sentence is AFFIRMED in all other respects.

ERVIN, WOLF and LAWRENCE, JJ., concur.

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

Related

Migliore v. State
953 So. 2d 754 (District Court of Appeal of Florida, 2007)
Lang v. State
856 So. 2d 1105 (District Court of Appeal of Florida, 2003)
Graddy v. State
687 So. 2d 1335 (District Court of Appeal of Florida, 1997)
Snowden v. State
685 So. 2d 974 (District Court of Appeal of Florida, 1996)
Hines v. State
683 So. 2d 571 (District Court of Appeal of Florida, 1996)
Dunmore v. State
677 So. 2d 63 (District Court of Appeal of Florida, 1996)
Murray v. State
677 So. 2d 70 (District Court of Appeal of Florida, 1996)
Rivers v. State
677 So. 2d 53 (District Court of Appeal of Florida, 1996)
Lee v. State
677 So. 2d 41 (District Court of Appeal of Florida, 1996)
Baucham v. State
676 So. 2d 53 (District Court of Appeal of Florida, 1996)
Sanders v. State
673 So. 2d 970 (District Court of Appeal of Florida, 1996)
Brandon v. State
671 So. 2d 222 (District Court of Appeal of Florida, 1996)
Johnson v. State
677 So. 2d 860 (District Court of Appeal of Florida, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
658 So. 2d 1232, 1995 WL 488170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kirby-v-state-fladistctapp-1995.