Tankersley v. State

District Court of Appeal of Florida

Tankersley v. State

700 So. 2d 93, 1997 Fla. App. LEXIS 11194, 1997 WL 605760

CourtDistrict Court of Appeal of Florida

DecidedOctober 3, 1997

DocketNo. 96-00568

StatusPublished

This text of 700 So. 2d 93 (Tankersley 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

Tankersley v. State, 700 So. 2d 93, 1997 Fla. App. LEXIS 11194, 1997 WL 605760 (Fla. Ct. App. 1997).

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Opinion

FRANK, Judge.

Ralph Jerome Tankersley appeals'from his judgment and sentence for trafficking in cocaine. We affirm the judgment and sentence, but remand on the issue of attorney’s fees.

The trial court erred in imposing the public defender’s lien without advising Tankers-ley of his right to a hearing to contest the amount of the lien. See Smith v. State, 694 So.2d 838 (Fla. 2d DCA 1997); Bourque v. State, 595 So.2d 222 (Fla. 2d DCA 1992). On remand, Tankersley shall have thirty days from the date of this court’s mandate within which to file a written objection to the original amount assessed. See Smith; Bourque. If Tankersley files an objection with the trial court, the assessment shall be stricken and a new assessment shall not be imposed without notice and hearing. See Bourque.

We affirm the judgment and sentence, and remand for further proceedings in accordance with this opinion.

CAMPBELL, A.C.J., and PATTERSON, J., concur.

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FRANK, Judge.

Ralph Jerome Tankersley appeals'from his judgment and sentence for trafficking in cocaine. We affirm the judgment and sentence, but remand on the issue of attorney’s fees.

The trial court erred in imposing the public defender’s lien without advising Tankers-ley of his right to a hearing to contest the amount of the lien. See Smith v. State, 694 So.2d 838 (Fla. 2d DCA 1997); Bourque v. State, 595 So.2d 222 (Fla. 2d DCA 1992). On remand, Tankersley shall have thirty days from the date of this court’s mandate within which to file a written objection to the original amount assessed. See Smith; Bourque. If Tankersley files an objection with the trial court, the assessment shall be stricken and a new assessment shall not be imposed without notice and hearing. See Bourque.

We affirm the judgment and sentence, and remand for further proceedings in accordance with this opinion.

CAMPBELL, A.C.J., and PATTERSON, J., concur.

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Bluebook (online)

700 So. 2d 93, 1997 Fla. App. LEXIS 11194, 1997 WL 605760, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tankersley-v-state-fladistctapp-1997.

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