IN RE ATTORNEY'S FEES AWARDED IN STATE OF FLORIDA
v.
WILLIAM COY BELLAMY
STONE, Judge.
The county’s petition for a writ of certiorari is granted. We quash the March 2, 1992, order compensating the special public defender for his representation of Bellamy on criminal charges punishable by less than a capital or life sentence.
Defense counsel’s motion, setting forth the number of hours expended, considered with his testimony that the client was uncooperative thereby requiring extra trips to the jail, is insufficient to support an award of fees in excess of the maximum provided by Florida Statutes Section 925.036.
This record does not reflect the extent of difficulty needed to transform a special public defender’s defense efforts into those involving the extraordinary circumstances or the unusual representation required to warrant a fee in excess of the maximum amount provided by statute. Cf. Makemson v. Martin County, 491 So. 2d 1109, 1110 (Fla.1986), cert. denied, 479 U.S. 1043, 107 S.Ct. 908, 93 L.Ed.2d 857 (1987).
We remand for modification of the order for a fee not to exceed the statutory cap.
GUNTHER, J., concurs.
ANSTEAD, J., dissents without opinion.
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Monroe Cnty. v. Garcia, 695 So. 2d 823 (Fla. 3d DCA 1997)…en charged with a capital crime.” Board of County Comm’rs of Hillsborough County v. Curry, 545 So. 2d 930, 931 (Fla. 2d DCA 1989); Board of County Comm’rs of Hillsborough County v. Cunningham, 529 So. 2d 724 (Fla. 2d DCA 1988). Cf. State v. Bellamy, 599 So. 2d 751 (Fla. 4th DCA 1992)(order awarding fees in excess of statutory limit to court-appointed attorney in a non-capital case quashed because the record did not reflect [*826] extraordinary circumstances or unusual representation). The trial court’s author…
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Stamps v. State, 620 So. 2d 1033 (Fla. 2d DCA 1993)…t-degree felony for which section 903.133, Florida Statutes (1991), specifically forbids bail on appeal. If a person commits attempted second-degree murder with a firearm, he or she is eligible for posttrial release pending appeal, Roberts v. State, 599 So. 2d 751 (Fla. 4th DCA 1992), but not so if the police sell that same person cocaine on a summer evening near a closed school building. I cannot follow the logic in this, but the trial court was obliged to follow it because it is the law.…
Authorities Cited
- Makemson v. Martin Cnty., 491 So. 2d 1109 (Fla. 1986)
- Bowman v. United States, 479 U.S. 1043 (U.S. 1987)
- Williams v. Marlboro State Hosp., 479 U.S. 1043 (U.S. 1987)