Willis v. State

District Court of Appeal of Florida

Willis v. State

696 So. 2d 1222, 1997 Fla. App. LEXIS 5967, 1997 WL 282841

CourtDistrict Court of Appeal of Florida

DecidedMay 30, 1997

DocketNo. 96-01000

StatusPublished

This text of 696 So. 2d 1222 (Willis 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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Willis v. State, 696 So. 2d 1222, 1997 Fla. App. LEXIS 5967, 1997 WL 282841 (Fla. Ct. App. 1997).

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Opinion

BLUE, Judge.

William L. Willis pleaded no contest to three counts of armed robbery and three counts of attempted armed robbery, reserv[1223]*1223ing the right to appeal the denial of his dispositive motion to exclude identification evidence. Willis’s appellate counsel filed this appeal pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). After an independent review of the record, we find no arguable merit to the appeal, except for an error in the assessment of a public defender lien. Accordingly, we affirm Willis’s convictions.

The trial court improperly imposed a public defender’s lien without advising Willis of his right to contest the amount of the lien, as required by Florida Rule of Criminal Procedure 3.720(d)(1). See Howard v. State, 674 So.2d 187 (Fla. 2d DCA 1996). We remand the ease with instructions to give Willis thirty days from the date of the mandate to file a written objection to the amount assessed. If Willis files an objection with the trial court, the assessment shall be stricken and a new assessment shall not be imposed without notice and a hearing pursuant to rule 3.720(d)(1). See Trice v. State, 655 So.2d 1270 (Fla. 2d DCA 1995); Bourque v. State, 595 So.2d 222 (Fla. 2d DCA 1992).

Affirmed and remanded with instructions.

THREADGILL, C.J., and PARKER, J., concur.

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BLUE, Judge.

William L. Willis pleaded no contest to three counts of armed robbery and three counts of attempted armed robbery, reserv[1223]*1223ing the right to appeal the denial of his dispositive motion to exclude identification evidence. Willis’s appellate counsel filed this appeal pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). After an independent review of the record, we find no arguable merit to the appeal, except for an error in the assessment of a public defender lien. Accordingly, we affirm Willis’s convictions.

The trial court improperly imposed a public defender’s lien without advising Willis of his right to contest the amount of the lien, as required by Florida Rule of Criminal Procedure 3.720(d)(1). See Howard v. State, 674 So.2d 187 (Fla. 2d DCA 1996). We remand the ease with instructions to give Willis thirty days from the date of the mandate to file a written objection to the amount assessed. If Willis files an objection with the trial court, the assessment shall be stricken and a new assessment shall not be imposed without notice and a hearing pursuant to rule 3.720(d)(1). See Trice v. State, 655 So.2d 1270 (Fla. 2d DCA 1995); Bourque v. State, 595 So.2d 222 (Fla. 2d DCA 1992).

Affirmed and remanded with instructions.

THREADGILL, C.J., and PARKER, J., concur.

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696 So. 2d 1222, 1997 Fla. App. LEXIS 5967, 1997 WL 282841, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willis-v-state-fladistctapp-1997.

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