McCarthan v. State, 1D11–1415.
| Decision Date | 03 July 2012 |
| Docket Number | No. 1D11–1415.,1D11–1415. |
| Citation | 91 So.3d 268 |
| Parties | Marlon D. McCARTHAN, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
OPINION TEXT STARTS HERE
An appeal from the Circuit Court for Leon County. Stewart E. Parsons, Judge.
Marlon D. McCarthan, pro se; Jeffrey E. Lewis, General Counsel, and Sheila Callahan, Assistant Conflict Counsel, Office of Criminal Conflict and Civil Regional Counsel, Tallahassee, for Appellant.
Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
This is an appeal in which the Office of Criminal Conflict and Civil Regional Counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We affirm Appellant's conviction and sentence since no reversible error occurred in this case. However, we strike the one hundred dollar indigent legal assistance lien imposed, since Appellant was not given notice of his right to a hearing to contest the amount of this lien. SeeFla. R.Crim. P. 3.720(d)(1) (); Patterson v. State, 686 So.2d 758, 758 (Fla. 1st DCA 1997).
Accordingly, we AFFIRM Appellant's conviction and sentence, but we REVERSE and REMAND for a hearing to allow Appellant notice and opportunity to contest the amount of the lien before it may be reimposed.
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McCarthan v. Jones
...Florida First District Court of Appeal (First DCA) affirmed petitioner's judgment and sentence, but struck one cost. McCarthan v. State, 91 So. 3d 268 (Fla. 1st DCA 2012) (copy at Ex. M). The mandate issued July 31, 2012. (Ex. M). An amended judgment striking the improper cost was entered A......
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Sharpe v. State
...the accused's right to a hearing to contest the amount of the lien shall be given at the time of sentence.”); see also McCarthan v. State, 91 So.3d 268, 269 (Fla. 1st DCA 2012) (“[W]e strike the one hundred dollar indigent legal assistance lien imposed, since appellant was not given notice ......
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Harrison v. State, CASE NO. 1D12-5503
...to object to the determination relating to the cost of defense. See § 938.29(5); Fla. R. Crim. P. 3.720(d)(1); McCarthan v. State, 91 So. 3d 268 (Fla. 1st DCA 2012). The trial court imposed $100.00 as a "COD" (cost of defense) without citing statutory authority or providing Appellant with n......
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Sharpe v. State, CASE NO. 1D12-1517
...accused's right to a hearing to contest the amount of the lien shall be given at the time of sentence."); see also McCarthan v. State, 91 So. 3d 268, 269 (Fla. 1st DCA 2012) ("[W]e strike the one hundred dollar indigent legal assistance lien imposed, since appellant was not given notice of ......