S.M.W. v. State

District Court of Appeal of Florida

Decided November 26, 1986

District Court of Appeal of Florida · decided 1986-11-26

Relies on 444 So. 2d 947 - Jenkins v. State · 452 So. 2d 1041 - Harris v. State · 445 So. 2d 1112 - Wiggins v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1986-11-26

How this case has been cited

Cited by 6 later decisions — most recently February 2005

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

PER CURIAM.

¶1After reviewing the briefs and record on appeal, we find the appellant has failed to *1338demonstrate any reversible error. We do find error, however, in the assessment of the public defender’s lien against the appellant.

¶2After 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.

¶3In all other respects, the judgment and sentence is affirmed.

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