Pauda v. State

District Court of Appeal of Florida

Pauda v. State

647 So. 2d 1077, 1995 Fla. App. LEXIS 61, 1995 WL 2943

CourtDistrict Court of Appeal of Florida

DecidedJanuary 6, 1995

DocketNos. 94-1076, 94-1077

StatusPublished

This text of 647 So. 2d 1077 (Pauda 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

Pauda v. State, 647 So. 2d 1077, 1995 Fla. App. LEXIS 61, 1995 WL 2943 (Fla. Ct. App. 1995).

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Opinion

DAUKSCH, Judge.

This is an appeal from a sentence wherein appellant was given improper consecutive enhanced sentences. Hale v. State, 630 So.2d 521 (Fla.1993), cert. den., — U.S.—, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994); Brooks v. State, 630 So.2d 527 (Fla.1993); Horn v. State, 642 So.2d 1209 (Fla. 5th DCA 1994). Without giving notice, the appellant, over his objection, was required to pay a public defender “lien.” See Fontenont v. State, 631 So.2d 379 (Fla. 5th DCA 1994); Jones v. State, 623 So.2d 627 (Fla. 5th DCA 1993); Smith v. State, 622 So.2d 638 (Fla. 5th DCA 1993). Appellee confesses error by “acknowledging the holdings” of the pertinent case law.

SENTENCE VACATED; REMANDED FOR RESENTENCING.

COBB and THOMPSON, JJ., concur.

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DAUKSCH, Judge.

This is an appeal from a sentence wherein appellant was given improper consecutive enhanced sentences. Hale v. State, 630 So.2d 521 (Fla.1993), cert. den., — U.S.—, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994); Brooks v. State, 630 So.2d 527 (Fla.1993); Horn v. State, 642 So.2d 1209 (Fla. 5th DCA 1994). Without giving notice, the appellant, over his objection, was required to pay a public defender “lien.” See Fontenont v. State, 631 So.2d 379 (Fla. 5th DCA 1994); Jones v. State, 623 So.2d 627 (Fla. 5th DCA 1993); Smith v. State, 622 So.2d 638 (Fla. 5th DCA 1993). Appellee confesses error by “acknowledging the holdings” of the pertinent case law.

SENTENCE VACATED; REMANDED FOR RESENTENCING.

COBB and THOMPSON, JJ., concur.

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Bluebook (online)

647 So. 2d 1077, 1995 Fla. App. LEXIS 61, 1995 WL 2943, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pauda-v-state-fladistctapp-1995.

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