From Casetext: Smarter Legal Research

Baucham v. State

District Court of Appeal of Florida, First District
Jul 2, 1996
676 So. 2d 53 (Fla. Dist. Ct. App. 1996)

Opinion

No. 95-3755.

July 2, 1996.

Appeal from the Circuit Court, Leon County, L. Ralph Smith, Jr., J.

Nancy A. Daniels, Public Defender; P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; James W. Rogers, Senior Attorney General, Tallahassee, for Appellee.


Curtis Baucham (Baucham) challenges his judgment and sentence for aggravated battery with a deadly weapon. His appellate counsel filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). After reviewing the record, we agree with his counsel that there are no meritorious issues for appeal except for two errors made during sentencing. Specifically, the trial court erred in assessing $500 for the services of his public defender where it failed to give Baucham notice of the right to a hearing to contest the amount imposed. Kirby v. State, 658 So.2d 1232 (Fla. 1st DCA 1995); Peterson v. State, 645 So.2d 1028 (Fla. 4th DCA 1994). Secondly, the written judgment incorrectly lists aggravated battery as a first-degree felony when it is a second degree felony. § 784.045(2), Fla.Stat. (1993).

Accordingly, we affirm Baucham's conviction and sentence but strike the attorney's fee imposed, and remand with directions to amend the judgment to reflect the proper degree of the offense. On remand, attorney's fees may be reimposed after Baucham is given notice and an opportunity to be heard on the amount of the fee.

AFFIRMED and REMANDED, with directions.

WEBSTER, MICKLE, and LAWRENCE, JJ., concur.


Summaries of

Baucham v. State

District Court of Appeal of Florida, First District
Jul 2, 1996
676 So. 2d 53 (Fla. Dist. Ct. App. 1996)
Case details for

Baucham v. State

Case Details

Full title:CURTIS BAUCHAM, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Jul 2, 1996

Citations

676 So. 2d 53 (Fla. Dist. Ct. App. 1996)

Citing Cases

Snowden v. State

Secondly, the trial court erred in assessing $300 for the services of his public defender where it failed to…

Johnson v. State

We remand, however, to strike the public defender fee of $500 because it was imposed without notice to…