Public-domain · open source
OpenJurist

680 So. 2d 1128

Malphurs v. State

District Court of Appeal of Florida

Decided October 16, 1996

District Court of Appeal of Florida · decided 1996-10-16

Relies on 624 So. 2d 263 - Jones v. Jones · In the Interest of L.A.D. v. State · Bryant v. State

Decided 1996-10-16

PER CURIAM.

¶1In this direct criminal appeal, we affirm appellant’s conviction for battery, and his sentence. However, we strike the public defender fee imposed, because appellant was afforded neither notice of intent to seek such a fee, nor an opportunity to contest its amount. E.g., Bryant v. State, 661 So.2d 1315 (Fla. 1st DCA 1995); L.A.D. v. State, 616 So.2d 106 (Fla. 1st DCA), review denied, 624 So.2d 268 (Fla.1993). On remand, such a fee may again be imposed, provided that appellant is provided notice and an opportunity to contest its amount.

¶2AFFIRMED IN PART and REVERSED IN PART.

MINER, WEBSTER and LAWRENCE, JJ., concur.
/680/so2d/1128 · .json · Public domain