Martini v. State

District Court of Appeal of Florida

Martini v. State

698 So. 2d 1382, 1997 Fla. App. LEXIS 10553, 1997 WL 578280

CourtDistrict Court of Appeal of Florida

DecidedSeptember 17, 1997

DocketNo. 96-02571

StatusPublished

This text of 698 So. 2d 1382 (Martini 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

Martini v. State, 698 So. 2d 1382, 1997 Fla. App. LEXIS 10553, 1997 WL 578280 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

We affirm Alvin Martini’s convictions and sentences for various offenses but strike the public defender lien and the condition of probation requiring Martini to pay $1 a month to First Step. At sentencing, the trial court did not advise Martini that the public defender lien would be imposed or that he had a right to a hearing to contest the amount of the lien. The probation condition was imposed without citation to statutory authority. See Nank v. State, 646 So.2d 762 (Fla.2d DCA 1994).

We remand this case without prejudice to the reimposition of the public defender lien upon compliance with Florida Rule of Criminal Procedure 3.720(d)(1) and without prejudice to the reimposition of the probation condition upon citation of proper statutory authority.

BLUE, A.C.J., and FULMER and WHATLEY, JJ., concur.

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PER CURIAM.

We affirm Alvin Martini’s convictions and sentences for various offenses but strike the public defender lien and the condition of probation requiring Martini to pay $1 a month to First Step. At sentencing, the trial court did not advise Martini that the public defender lien would be imposed or that he had a right to a hearing to contest the amount of the lien. The probation condition was imposed without citation to statutory authority. See Nank v. State, 646 So.2d 762 (Fla.2d DCA 1994).

We remand this case without prejudice to the reimposition of the public defender lien upon compliance with Florida Rule of Criminal Procedure 3.720(d)(1) and without prejudice to the reimposition of the probation condition upon citation of proper statutory authority.

BLUE, A.C.J., and FULMER and WHATLEY, JJ., concur.

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Bluebook (online)

698 So. 2d 1382, 1997 Fla. App. LEXIS 10553, 1997 WL 578280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martini-v-state-fladistctapp-1997.

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