Beasley v. State

Full title: WILMA G. BEASLEY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: Jul 2, 1997

695 So. 2d 1313 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-1587

Opinion filed July 2, 1997.

An appeal from Circuit Court for Duval County. Henry Davis, Judge.

Nancy A. Daniels, Public Defender, and Angela Shelley, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, and Diane D. Starke, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Because a public defender's attorney's fee was awarded and a lien thereon imposed without adequate notice and opportunity to be heard, the assessment is stricken. See Neal v. State, 688 So.2d 392 (Fla. 1st DCA 1997). On remand, the court may consider whether to again impose the assessment, upon compliance with proper procedures. The appealed orders are otherwise affirmed, and the case is remanded.

MINER, ALLEN and LAWRENCE, JJ., CONCUR.