Florida District Courts of Appeal, 1995

Palmer v. State

Palmer v. State
Florida District Courts of Appeal · Decided December 22, 1995 · Harris
664 So. 2d 1162; 1995 WL 755340 (Southern Reporter, Second Series)

Palmer v. State

Opinion

664 So.2d 1162 (1995)

Arnold P. PALMER, Appellant,
v.
STATE of Florida, Appellee.

No. 95-1410.

District Court of Appeal of Florida, Fifth District.

December 22, 1995.

*1163 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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