From Casetext: Smarter Legal Research

Saunders v. State

District Court of Appeal of Florida, First District
Jan 14, 2004
863 So. 2d 458 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 1D02-3718.

Opinion filed January 14, 2004.

An appeal from the circuit court for Columbia County, Paul S. Bryan, Judge.

Nancy A. Daniels, Public Defender; Victoria A. Wiggins, Assistant Public Defender, Tallahassee, for Appellant.

Charlie Crist, Attorney General; Bryan Jordan, Assistant Attorney General, Tallahassee, for Appellee.


In this direct criminal appeal, we affirm appellant's convictions and sentences.

We conclude that the trial court correctly denied appellant's motions for judgment of acquittal, and that Apprendi v. New Jersey, 530 U.S. 466 (2000), does not prohibit the trial court's finding that appellant qualified as an habitual felony offender. See, e.g., Jones v. State, 791 So.2d 580 (Fla. 1st DCA 2001). However, because the trial court failed to inform appellant before imposing a public defender lien of her right to contest the amount, and because appellant preserved this issue by a timely filed motion pursuant to Florida Rule of Criminal Procedure 3.800(b) (which the trial court denied), we are constrained to reverse the imposition of the public defender lien, and to remand with directions that the trial court afford appellant an opportunity to have a hearing at which she may contest the amount. See Campbell v. State, 745 So.2d 500 (Fla. 1st DCA 1999).

AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.

WEBSTER, LEWIS and HAWKES, JJ., CONCUR.


Summaries of

Saunders v. State

District Court of Appeal of Florida, First District
Jan 14, 2004
863 So. 2d 458 (Fla. Dist. Ct. App. 2004)
Case details for

Saunders v. State

Case Details

Full title:MARIE SAUNDERS, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Jan 14, 2004

Citations

863 So. 2d 458 (Fla. Dist. Ct. App. 2004)

Citing Cases

Wachsmuth v. State

However, we reverse the imposition of the public defender lien because the trial court failed to inform…

Pride v. State

We agree and reverse. See Schimmel v. State, 940 So.2d 584 (Fla. 1st DCA 2006); Wagner v. McDonough, 927…