Peterson v. State

District Court of Appeal of Florida

Peterson v. State

706 So. 2d 930, 1998 Fla. App. LEXIS 1815, 1998 WL 74997

CourtDistrict Court of Appeal of Florida

DecidedFebruary 25, 1998

DocketNo. 96-01704

StatusPublished

Cited by1 cases

This text of 706 So. 2d 930 (Peterson 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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Peterson v. State, 706 So. 2d 930, 1998 Fla. App. LEXIS 1815, 1998 WL 74997 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

Henry Louis Peterson challenges his conviction for second-degree murder and the imposition of a public defender lien. We affirm Peterson’s conviction and sentence without discussion. However, Peterson correctly argues that he was not given notice of his right to a hearing to contest the amount of the public defender lien.. See Drinnon v. State, 598 So.2d 229 (Fla. 2d DCA 1992). On remand, Peterson should have 30 days from the date of the mandate to file a written objection to the fee assessed., If an objection is filed, the assessment should be stricken, and a new assessment may be imposed in accordance with Florida Rule of Criminal Procedure 3.720(d)(1). See Bourque v. State, 595 So.2d 222 (Fla. 2d DCA 1992).

[931]*931Accordingly, we affirm Peterson’s conviction and sentence, but remand for Peterson to have an opportunity to file a written objection to the public defender lien.

PATTERSON, AlC.J., and QUINCE and WHATLEY, JJ„ concur.

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PER CURIAM.

Henry Louis Peterson challenges his conviction for second-degree murder and the imposition of a public defender lien. We affirm Peterson’s conviction and sentence without discussion. However, Peterson correctly argues that he was not given notice of his right to a hearing to contest the amount of the public defender lien.. See Drinnon v. State, 598 So.2d 229 (Fla. 2d DCA 1992). On remand, Peterson should have 30 days from the date of the mandate to file a written objection to the fee assessed., If an objection is filed, the assessment should be stricken, and a new assessment may be imposed in accordance with Florida Rule of Criminal Procedure 3.720(d)(1). See Bourque v. State, 595 So.2d 222 (Fla. 2d DCA 1992).

[931]*931Accordingly, we affirm Peterson’s conviction and sentence, but remand for Peterson to have an opportunity to file a written objection to the public defender lien.

PATTERSON, AlC.J., and QUINCE and WHATLEY, JJ„ concur.

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706 So. 2d 930, 1998 Fla. App. LEXIS 1815, 1998 WL 74997, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peterson-v-state-fladistctapp-1998.

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