Winters v. State

District Court of Appeal of Florida

Winters v. State

789 So. 2d 496, 2001 Fla. App. LEXIS 9491, 2001 WL 769795

Procedural entryThis page is a short order in Winters v. State. Read the opinion of the Court — 2003 Fla. App. LEXIS 17061 →

District Court of Appeal of Florida·Decided July 11, 2001·No. No. 3D01-61·Published

Opinion

PER CURIAM.

We find no merit in Appellant’s first and third arguments on appeal. As concerns the second argument, the state concedes that the trial court failed to advise Appellant that he had a right to contest the amount of the public defender fee assessed by the trial court pursuant to Florida Rule of Criminal Procedure 3.720. Accordingly, we affirm the lower court’s assessment of $100.00 but remand so the trial court can give Appellant an opportunity within thirty days to contest the amount of the assessment. See Graham v. State, 640 So.2d 1166 (Fla. 4th DCA 1994).

Affirmed and remanded with instructions.

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PER CURIAM.

We find no merit in Appellant’s first and third arguments on appeal. As concerns the second argument, the state concedes that the trial court failed to advise Appellant that he had a right to contest the amount of the public defender fee assessed by the trial court pursuant to Florida Rule of Criminal Procedure 3.720. Accordingly, we affirm the lower court’s assessment of $100.00 but remand so the trial court can give Appellant an opportunity within thirty days to contest the amount of the assessment. See Graham v. State, 640 So.2d 1166 (Fla. 4th DCA 1994).

Affirmed and remanded with instructions.

Winters v. State, 789 So. 2d 496, 2001 Fla. App. LEXIS 9491, 2001 WL 769795 (Fla. Ct. App. 2001).

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Opinion

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