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Florida District Courts of Appeal, 1997

Bailey v. State

Bailey v. State
Florida District Courts of Appeal · Decided May 16, 1997 · Antoon, Peterson, Sharp
693 So. 2d 142; 1997 Fla. App. LEXIS 5395; 1997 WL 255311 (Southern Reporter, Second Series)

Bailey v. State

Opinion of the Court

PER CURIAM.

We affirm the defendant’s conviction and sentence but strike the imposition of a public defender’s fee because notice was not given to the defendant of his right to challenge the amount of the fee as required by Florida Rule of Criminal Procedure 3.720(d)(1). See L.A.N. v. State, 675 So.2d 711 (Fla. 5th DCA 1996); Fontenont v. State, 631 So.2d 379 (Fla. 5th DCA 1994). However, on remand, the fee may be reimposed after compliance with the rule.

*143JUDGMENT AND SENTENCE AFFIRMED; PUBLIC DEFENDER’S FEE STRICKEN; CAUSE REMANDED.

PETERSON, C.J., and W. SHARP and ANTOON, JJ., concur.

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