J. W. v. State

Full title: J. W., A Child, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: May 8, 1998

709 So. 2d 199 (Fla. Dist. Ct. App. 1998)

Opinion

No. 97-1915

Opinion filed May 8, 1998 JANUARY TERM 1998

Appeal from the Circuit Court for Seminole County, Gene R. Stephenson, Judge.

James B. Gibson, Public Defender, and Brynn Newton, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Kelli R. Orndorff, Assistant Attorney General, Daytona Beach, for Appellee.

HARRIS, J.

We reverse the sentence of this juvenile because it exceeds the maximum sentence permitted for these misdemeanor offenses. See V. W. v. State, 693 So.2d 722 (Fla. 5th DCA 1997). We reverse the public defender's lien because the defendant was not advised of his right to contest the amount of the fee. See Stover v. State, 685 So.2d 1026 (Fla. 5th DCA 1997).

REVERSED and REMANDED for resentencing.

THOMPSON, J., concurs. GRIFFIN, C.J., dissents, without opinion.