Smith v. State

Joseph Henry SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided August 27, 1993.

District Court of Appeal of Florida · decided 1993-08-27

Cited by 18 later decisions — most recently March 1995

18 state decisions

Key passage — most relied on by later courts

“YOU ARE HEREBY NOTIFIED THAT YOU HAVE 30 DAYS FROM THE ENTRY OF THIS JUDGMENT TO FILE A WRITTEN REQUEST FOR A HEARING TO CONTEST THE AMOUNT OF THE LIEN.”

quoted by 1 later decision, including 643 So. 2d 50 - Craig v. State

Relies on 548 So. 2d 1103 - Bull v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1993-08-27

View the full empirical analysis of this case →

¶1James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.

¶2No Appearance for appellee.

¶3HARRIS, Chief Judge.

¶4The judgment and sentence in this case are affirmed except for the assessment of *639 a public defender's lien against the defendant. The record does not show that the defendant was advised of his right to a hearing to contest the amount of the lien as required by Florida Rule of Criminal Procedure 3.720(d)(1). See also Bull v. State,548 So.2d 1103 (Fla. 1989). Therefore, the public defender's lien of $300.00 is stricken, without prejudice to the reimposition of the lien upon remand after compliance with Florida Rule of Criminal Procedure 3.720(d)(1).

¶5JUDGMENT and SENTENCE AFFIRMED; LIEN QUASHED and REMANDED.

¶6GRIFFIN and THOMPSON, JJ., concur.