Frazier v. State

Full title: ANTHONY FRAZIER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Nov 18, 1994

645 So. 2d 572 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-2400.

November 18, 1994.

Appeal from the Circuit Court for Volusia County; John W. Watson, III, Judge.

James B. Gibson, Public Defender, and M.A. Lucas, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Rebecca Roark Wall, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

We vacate the habitual offender sentence imposed in this case and remand this cause for resentencing. See Santoro v. State, 644 So.2d 585 (Fla. 5th DCA 1994); Thompson v. State, 638 So.2d 116 (Fla. 5th DCA 1994). See also Cole v. State, 640 So.2d 1194 (Fla. 1st DCA 1994). We also vacate the Public Defender's lien imposed in this case because the trial court failed to comply with rule 3.720(d)(1) of the Florida Rules of Criminal Procedure. See Craig v. State, 643 So.2d 50 (Fla. 5th DCA 1994). In resentencing on remand, the trial court shall comply with rule 3.720(d)(1) before assessing a Public Defender's lien.

Sentence VACATED; cause REMANDED.

HARRIS, C.J., and PETERSON and DIAMANTIS, JJ., concur.