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Bailey v. State

District Court of Appeal of Florida, Fifth District
May 16, 1997
693 So. 2d 142 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-3158

Opinion filed May 16, 1997

Appeal from the Circuit Court for Orange County, Dorothy J. Russell, Judge.

James B. Gibson, Public Defender, and Andrea J. Surette, Assistant Public Defender, Daytona Beach, for Appellant.

No Appearance for Appellee.


We affirm the defendant's conviction and sentence but strike the imposition of a public defender's fee because notice was not given to the defendant of his right to challenge the amount of the fee as required by Florida Rule of Criminal Procedure 3.720(d)(1).See L.A.N. v. State, 675 So.2d 711 (Fla. 5th DCA 1996); Fontenont v. State, 631 So.2d 379 (Fla. 5th DCA 1994). However, on remand, the fee may be reimposed after compliance with the rule.

JUDGMENT AND SENTENCE AFFIRMED; PUBLIC DEFENDER'S FEE STRICKEN; CAUSE REMANDED.

PETERSON, C.J., SHARP, W. and ANTOON, J.J., concur.


Summaries of

Bailey v. State

District Court of Appeal of Florida, Fifth District
May 16, 1997
693 So. 2d 142 (Fla. Dist. Ct. App. 1997)
Case details for

Bailey v. State

Case Details

Full title:DENNIS BAILEY, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: May 16, 1997

Citations

693 So. 2d 142 (Fla. Dist. Ct. App. 1997)