McCarthan v. State

District Court of Appeal of Florida

McCarthan v. State

91 So. 3d 268, 2012 WL 2549847, 2012 Fla. App. LEXIS 10607

CourtDistrict Court of Appeal of Florida

DecidedJuly 3, 2012

DocketNo. 1D11-1415

StatusPublished

Cited by11 cases

This text of 91 So. 3d 268 (McCarthan 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.

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McCarthan v. State, 91 So. 3d 268, 2012 WL 2549847, 2012 Fla. App. LEXIS 10607 (Fla. Ct. App. 2012).

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Opinion

PER CURIAM.

This is an appeal in which the Office of Criminal Conflict and Civil Regional Counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We affirm Appellant’s conviction and sentence since no reversible error occurred in this case. However, we strike the one hundred dollar indigent legal assistance lien imposed, since Appellant was not given notice of his right to a hearing to contest the amount of this lien. See Fla. R.Crim. P. 3.720(d)(1) (“Notice of the accused’s right to a hearing to contest the amount of the lien shall be given at the time of sentence.”); Patterson v. State, 686 So.2d 758, 758 (Fla. 1st DCA 1997).

Accordingly, we AFFIRM Appellant’s conviction and sentence, but we REVERSE and REMAND for a hearing to allow Appellant notice and opportunity to contest the amount of the lien before it may be reimposed.

ROWE, MARSTILLER, and SWANSON, JJ., concur.

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PER CURIAM.

This is an appeal in which the Office of Criminal Conflict and Civil Regional Counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We affirm Appellant’s conviction and sentence since no reversible error occurred in this case. However, we strike the one hundred dollar indigent legal assistance lien imposed, since Appellant was not given notice of his right to a hearing to contest the amount of this lien. See Fla. R.Crim. P. 3.720(d)(1) (“Notice of the accused’s right to a hearing to contest the amount of the lien shall be given at the time of sentence.”); Patterson v. State, 686 So.2d 758, 758 (Fla. 1st DCA 1997).

Accordingly, we AFFIRM Appellant’s conviction and sentence, but we REVERSE and REMAND for a hearing to allow Appellant notice and opportunity to contest the amount of the lien before it may be reimposed.

ROWE, MARSTILLER, and SWANSON, JJ., concur.

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Bluebook (online)

91 So. 3d 268, 2012 WL 2549847, 2012 Fla. App. LEXIS 10607, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccarthan-v-state-fladistctapp-2012.

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