Palmer v. State, 95-1410

Decision Date22 December 1995
Docket NumberNo. 95-1410,95-1410
Citation664 So.2d 1162
Parties21 Fla. L. Weekly D22 Arnold P. PALMER, Appellant, v. STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

James B. Gibson, Public Defender, and Sean K. Ahmed, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ann M. Childs, Assistant Attorney General, Daytona Beach, for Appellee.

HARRIS, Judge.

Arnold P. Palmer contends that the court erred in habitualizing him on his conviction of unlawful possession with intent to sell or deliver a controlled substance. The State concedes error. See section 775.084(1)(a)(3), Florida Statutes (1993). Palmer also contends that it was error to assess a public defender's lien without an opportunity to contest the amount of the lien. We agree and direct the court, upon remand, to provide such opportunity.

REVERSED for resentencing.

COBB and ANTOON, JJ., concur.

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7 cases
  • Grene v. State, 95-2063
    • United States
    • Florida District Court of Appeals
    • May 15, 1996
    ...Williams v. State, 667 So.2d 914 (Fla. 3d DCA 1996); Houser v. State, 666 So.2d 158 (Fla. 5th DCA 1995); Palmer v. State, 664 So.2d 1162 (Fla. 5th DCA 1995); Jackson v. State, 651 So.2d 242 (Fla. 5th DCA 1995); Perez v. State, 647 So.2d 1007 (Fla. 3d DCA 1994); cf. Tucker v. State, 608 So.2......
  • Mikolsky v. Unemployment Appeals Com'n, 97-1948.
    • United States
    • Florida District Court of Appeals
    • September 11, 1998
    ... ... that we find the position asserted by the Commission at odds with the court structure of this state and one that has no basis under the Florida Constitution ...         The Commission states ... ...
  • Nieves v. State, 95-3252
    • United States
    • Florida District Court of Appeals
    • August 16, 1996
    ...advised of the right to object to the amount of the fee. See, e.g., Cruz v. State, 669 So.2d 361 (Fla. 5th DCA 1996); Palmer v. State, 664 So.2d 1162 (Fla. 5th DCA 1995). We reject the state's argument that notice was not required since appellant had agreed to pay a fee in the written plea ......
  • Wright v. State, 96-2756
    • United States
    • Florida District Court of Appeals
    • December 18, 1996
    ...May 15, 1996); Williams v. State, 667 So.2d 914 (Fla. 3d DCA 1996); Houser v. State, 666 So.2d 158 (Fla. 5th DCA 1995); Palmer v. State, 664 So.2d 1162(Fla. 5th DCA 1995). STONE, FARMER and KLEIN, JJ., ...
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