Malphurs v. State

District Court of Appeal of Florida

Malphurs v. State

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

CourtDistrict Court of Appeal of Florida

DecidedOctober 16, 1996

DocketNo. 96-1369

StatusPublished

Cited by2 cases

This text of 680 So. 2d 1128 (Malphurs 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

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

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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.

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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.

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Bluebook (online)

680 So. 2d 1128, 1996 Fla. App. LEXIS 10913, 1996 WL 590803, Counsel Stack Legal Research, https://law.counselstack.com/opinion/malphurs-v-state-fladistctapp-1996.

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