S.M.W. v. State

Full title: S.M.W., A CHILD, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Nov 26, 1986

497 So. 2d 1337 (Fla. Dist. Ct. App. 1986)

Opinion

No. 86-1045.

November 26, 1986.

Appeal from the Circuit Court for Pinellas County, Jack A. Page, J.

James Marion Moorman, Public Defender, Bartow, and Brad Permar, Asst. Public Defender, Clearwater, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Candance M. Sunderland, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

After reviewing the briefs and record on appeal, we find the appellant has failed to demonstrate any reversible error. We do find error, however, in the assessment of the public defender's lien against the appellant.

After adjudging the appellant insolvent, the trial court granted the state attorney's motion to assess a $250 public defender's lien against the appellant. Since the appellant was adjudged insolvent and was not given adequate notice or opportunity to be heard on the assessment, we hereby strike the assessment. § 27.56(7), Fla. Stat. (1985); Jenkins v. State, 444 So.2d 947 (Fla. 1984); Harris v. State, 452 So.2d 1041 (Fla. 2d DCA 1984); Murph v. State, 445 So.2d 1112 (Fla. 2d DCA 1984). This decision is without prejudice to the trial court assessing a lien against the appellant after proper notice and hearing.

In all other respects, the judgment and sentence is affirmed.

SCHEB, A.C.J., and RYDER and SCHOONOVER, JJ., concur.