Pauda v. State

District Court of Appeal of Florida

Pauda v. State

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

District Court of Appeal of Florida·Decided January 6, 1995·No. Nos. 94-1076, 94-1077·Published

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.

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

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.

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

Pincite

647 So. 2d 1077 (Pauda v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related