Malphurs v. State

District Court of Appeal of Florida

Malphurs v. State

680 So. 2d 1128, 1996 Fla. App. LEXIS 10913, 1996 WL 590803

District Court of Appeal of Florida·Decided October 16, 1996·No. No. 96-1369·Published·Cited by 2 cases

Opinion

PER CURIAM.

In this direct criminal appeal, we affirm appellant’s conviction for battery, and his sentence. However, we strike the public defender fee imposed, because appellant was afforded neither notice of intent to seek such a fee, nor an opportunity to contest its amount. E.g., Bryant v. State, 661 So.2d 1315 (Fla. 1st DCA 1995); L.A.D. v. State, 616 So.2d 106 (Fla. 1st DCA), review denied, 624 So.2d 268 (Fla.1993). On remand, such a fee may again be imposed, provided that appellant is provided notice and an opportunity to contest its amount.

AFFIRMED IN PART and REVERSED IN PART.

MINER, WEBSTER and LAWRENCE, JJ., concur.

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

PER CURIAM.

In this direct criminal appeal, we affirm appellant’s conviction for battery, and his sentence. However, we strike the public defender fee imposed, because appellant was afforded neither notice of intent to seek such a fee, nor an opportunity to contest its amount. E.g., Bryant v. State, 661 So.2d 1315 (Fla. 1st DCA 1995); L.A.D. v. State, 616 So.2d 106 (Fla. 1st DCA), review denied, 624 So.2d 268 (Fla.1993). On remand, such a fee may again be imposed, provided that appellant is provided notice and an opportunity to contest its amount.

AFFIRMED IN PART and REVERSED IN PART.

MINER, WEBSTER and LAWRENCE, JJ., concur.

Malphurs v. State, 680 So. 2d 1128, 1996 Fla. App. LEXIS 10913, 1996 WL 590803 (Fla. Ct. App. 1996).

Pincite

680 So. 2d 1128 (Malphurs v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related