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Johnson v. State

District Court of Appeal of Florida, Fourth District
Jun 10, 1992
600 So. 2d 39 (Fla. Dist. Ct. App. 1992)

Opinion

No. 91-1690.

June 10, 1992.

Appeal from the Circuit Court, Indian River County, Joe A. Wild, J.

Richard L. Jorandby, Public Defender, and Joseph R. Chloupek, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Jacqueline Barakat, Asst. Atty. Gen., West Palm Beach, for appellee.


Regretfully, we must reverse the assessment of a public defender lien against the defendant. True, he was given notice that the matter would be taken up at the time of sentencing, but, in fact, after searching the record of the sentencing hearing, we find it never was. Accordingly, the defendant was given no opportunity to be heard on this issue and no actual motion to impose the fee was ever filed. See In the Interest of R.B., 582 So.2d 163 (Fla. 4th DCA 1991). We do not believe it was incumbent upon the defendant to initiate such a discussion at the hearing.

REVERSED AND REMANDED.

GARRETT, J., and OWEN, WILLIAM C. Jr., Senior Judge, concur.


Summaries of

Johnson v. State

District Court of Appeal of Florida, Fourth District
Jun 10, 1992
600 So. 2d 39 (Fla. Dist. Ct. App. 1992)
Case details for

Johnson v. State

Case Details

Full title:NORMAN K. JOHNSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jun 10, 1992

Citations

600 So. 2d 39 (Fla. Dist. Ct. App. 1992)