Kirby v. State, 94-4092
| Decision Date | 17 August 1995 |
| Docket Number | No. 94-4092,94-4092 |
| Citation | 658 So.2d 1232 |
| Parties | 20 Fla. L. Weekly D1862 Thelonious W. KIRBY, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Nancy A. Daniels, Public Defender, P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.
Robert A. Butterworth, Atty. Gen., Giselle Lylen Rivera, Asst. Atty. Gen., Tallahassee, for appellee.
The trial court erred in imposing public defender fees without giving Thelonious Kirby notice of the amount of the fees imposed, as well as notice of the right to a hearing to contest that amount, as required under section 27.56(7), Florida Statutes (1993), and Florida Rule of Criminal Procedure 3.720(d)(1). See Wright v. State, 654 So.2d 252 (Fla. 1st DCA 1995); L.A.D. v. State, 616 So.2d 106 (Fla. 1st DCA), rev. denied, 624 So.2d 268 (Fla.1993); Buiey v. State, 583 So.2d 384 (Fla. 1st DCA 1991). Accordingly, we REVERSE the imposition of the fees and remand to allow Kirby notice and opportunity to be heard on the amount of the fee. The judgment and sentence is AFFIRMED in all other respects.
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...attorney's fees, however, we must reverse as Lee was not given notice of his right to a hearing to contest this amount. Kirby v. State, 658 So.2d 1232 (Fla. 1st DCA 1995); Fla. R.Crim. P. 3.720(d). Notwithstanding the State's argument to the contrary, a timely objection below is not necessa......
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...hearing to contest this amount. Baucham v. State, 676 So.2d 53 (Fla. 1st DCA), review denied, 683 So.2d 484 (Fla.1996); Kirby v. State, 658 So.2d 1232 (Fla. 1st DCA 1995). On remand, the public defender fee may be reimposed after Graddy is given proper notice and an opportunity to be heard ......
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Lang v. State, 1D02-1908.
...here, we reverse and remand with instructions to afford the defendant a hearing on the amount of the lien."); Kirby v. State, 658 So.2d 1232, 1232 (Fla. 1st DCA 1995) ("The trial court erred in imposing public defender fees without giving ... notice of the right to a hearing to contest that......
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Johnson v. State, 95-1636.
...hearing to contest this amount. Baucham v. State, 676 So.2d 53 (Fla. 1st DCA), review denied, 683 So.2d 484 (Fla.1996); Kirby v. State, 658 So.2d 1232 (Fla. 1st DCA 1995). On remand, the public defender fee may be reimposed after Johnson is given proper notice and an opportunity to be heard......