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Willis v. State

District Court of Appeal of Florida, Second District
May 30, 1997
696 So. 2d 1222 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-01000

Opinion filed May 30, 1997.

Appeal from the Circuit Court for Polk County; Robert L. Doyel, Judge.

James P. Harris, Jr., of Law Office of Steve Pincket, Lakeland, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.


William L. Willis pleaded no contest to three counts of armed robbery and three counts of attempted armed robbery, reserving the right to appeal the denial of his dispositive motion to exclude identification evidence. Willis's appellate counsel filed this appeal pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). After an independent review of the record, we find no arguable merit to the appeal, except for an error in the assessment of a public defender lien. Accordingly, we affirm Willis's convictions.

The trial court improperly imposed a public defender's lien without advising Willis of his right to contest the amount of the lien, as required by Florida Rule of Criminal Procedure 3.720(d)(1). See Howard v. State, 674 So.2d 187 (Fla. 2d DCA 1996). We remand the case with instructions to give Willis thirty days from the date of the mandate to file a written objection to the amount assessed. If Willis files an objection with the trial court, the assessment shall be stricken and a new assessment shall not be imposed without notice and a hearing pursuant to rule 3.720(d)(1). See Trice v. State, 655 So.2d 1270 (Fla. 2d DCA 1995); Bourque v. State, 595 So.2d 222 (Fla. 2d DCA 1992).

Affirmed and remanded with instructions.

THREADGILL, C.J., and PARKER, J., Concur.


Summaries of

Willis v. State

District Court of Appeal of Florida, Second District
May 30, 1997
696 So. 2d 1222 (Fla. Dist. Ct. App. 1997)
Case details for

Willis v. State

Case Details

Full title:WILLIAM L. WILLIS, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: May 30, 1997

Citations

696 So. 2d 1222 (Fla. Dist. Ct. App. 1997)