State v. Mike

Supreme Court of Florida

State v. Mike

760 So. 2d 145, 25 Fla. L. Weekly Supp. 483, 2000 Fla. LEXIS 1222, 2000 WL 766485

CourtSupreme Court of Florida

DecidedJune 15, 2000

DocketNo. SC93163

StatusPublished

Cited by1 cases

This text of 760 So. 2d 145 (State v. Mike) is published on Counsel Stack Legal Research, covering Supreme Court 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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State v. Mike, 760 So. 2d 145, 25 Fla. L. Weekly Supp. 483, 2000 Fla. LEXIS 1222, 2000 WL 766485 (Fla. 2000).

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Opinion

PER CURIAM.

We have for review Mike v. State, 708 So.2d 1042 (Fla. 1st DCA 1998), wherein the First District certified the following question to be one of great public importance:

WHETHER THE WRONGFUL IMPOSITION OF A PUBLIC DEFENDER’S LIEN CONSTITUTES FUNDAMENTAL ERROR WHICH MAY BE CHALLENGED ON DIRECT APPEAL WITHOUT HAVING BEEN PRESENTED TO THE TRIAL COURT, IN LIGHT OF SECTION 924.051(3), FLORIDA STATUTES (SUPP.1996), AND AMENDED RULE 3.800(B), FLORIDA RULES OF CRIMINAL PROCEDURE.

For the reasons expressed in our opinion in Maddox v. State, 760 So.2d 89 (Fla.2000), we answer the certified question in the negative. We quash the decision below and find that the unpreserved sentencing errors asserted in this case do not constitute fundamental error.

It is so ordered.

HARDING, C.J., and SHAW, WELLS, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur.

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