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Frazier v. State

District Court of Appeal of Florida, First District
May 22, 1997
693 So. 2d 1143 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-1616

Opinion filed May 22, 1997.

An appeal from the Circuit Court for Leon County. F.E. Steinmeyer, Judge.

Nancy A. Daniels, Public Defender; Faye A. Boyce, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Charmaine M. Millsaps, Assistant Attorney General, Tallahassee, for Appellee.


Robin Frazier (Frazier) appeals her convictions for driving while under the influence of alcohol (DUI) and for resisting an officer with violence. Frazier also appeals the imposition, at sentencing, of a $500 public defender's lien.

We agree that the trial court erred in imposing a public defender's lien for which there was neither notice nor hearing, and strike it without prejudice to its reimposition if warranted, after Frazier has been given proper notice and an opportunity to be heard. Currelly v. State, 678 So.2d 453, (Fla. 1st DCA 1996)(reversing award of public defender's lien where there was neither notice nor oral pronouncement); Wright v. State, 654 So.2d 252 (Fla. 1st DCA 1995)(imposition of public defender lien is improper where there is no notice and no opportunity to object). We affirm in all other respects.

Affirmed in part, reversed in part, and remanded for consistent proceedings.

MINER, LAWRENCE and PADOVANO, JJ., CONCUR.


Summaries of

Frazier v. State

District Court of Appeal of Florida, First District
May 22, 1997
693 So. 2d 1143 (Fla. Dist. Ct. App. 1997)
Case details for

Frazier v. State

Case Details

Full title:ROBIN FRAZIER, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, First District

Date published: May 22, 1997

Citations

693 So. 2d 1143 (Fla. Dist. Ct. App. 1997)