S.M.W. v. State

District Court of Appeal of Florida

S.M.W. v. State

497 So. 2d 1337, 11 Fla. L. Weekly 2480, 1986 Fla. App. LEXIS 10873

CourtDistrict Court of Appeal of Florida

DecidedNovember 26, 1986

DocketNo. 86-1045

StatusPublished

Cited by1 cases

This text of 497 So. 2d 1337 (S.M.W. 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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S.M.W. v. State, 497 So. 2d 1337, 11 Fla. L. Weekly 2480, 1986 Fla. App. LEXIS 10873 (Fla. Ct. App. 1986).

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Opinion

PER CURIAM.

After reviewing the briefs and record on appeal, we find the appellant has failed to [1338]*1338demonstrate any reversible error. We do find error, however, in the assessment of the public defender’s lien against the appellant.

After adjudging the appellant insolvent, the trial court granted the state attorney’s motion to assess a $250 public defender’s lien against the appellant. Since the appellant was adjudged insolvent and was not given adequate notice or opportunity to be heard on the assessment, we hereby strike the assessment. § 27.56(7), Fla.Stat. (1985); Jenkins v. State, 444 So.2d 947 (Fla.1984); Harris v. State, 452 So.2d 1041 (Fla. 2d DCA 1984); Murph v. State, 445 So.2d 1112 (Fla. 2d DCA 1984). This decision is without prejudice to the trial court assessing a lien against the appellant after proper notice and hearing.

In all other respects, the judgment and sentence is affirmed.

SCHEB, A.C.J., and RYDER and SCHOONOVER, JJ„ concur.

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PER CURIAM.

After reviewing the briefs and record on appeal, we find the appellant has failed to [1338]*1338demonstrate any reversible error. We do find error, however, in the assessment of the public defender’s lien against the appellant.

After adjudging the appellant insolvent, the trial court granted the state attorney’s motion to assess a $250 public defender’s lien against the appellant. Since the appellant was adjudged insolvent and was not given adequate notice or opportunity to be heard on the assessment, we hereby strike the assessment. § 27.56(7), Fla.Stat. (1985); Jenkins v. State, 444 So.2d 947 (Fla.1984); Harris v. State, 452 So.2d 1041 (Fla. 2d DCA 1984); Murph v. State, 445 So.2d 1112 (Fla. 2d DCA 1984). This decision is without prejudice to the trial court assessing a lien against the appellant after proper notice and hearing.

In all other respects, the judgment and sentence is affirmed.

SCHEB, A.C.J., and RYDER and SCHOONOVER, JJ„ concur.

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Bluebook (online)

497 So. 2d 1337, 11 Fla. L. Weekly 2480, 1986 Fla. App. LEXIS 10873, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smw-v-state-fladistctapp-1986.

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