THELONIOUS W. KIRBY, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (15 total)

• Lang v. State, 856 So. 2d 1105 (Fla. 1st DCA 2003)
  …ust give the defendant notice of the right to contest the amount of the lien.... Because these procedures were not followed here, we reverse and remand with instructions to afford the defendant a hearing on the amount of the lien.”); Kirby v. State, 658 So. 2d 1232, 1232 (Fla. 1st DCA 1995) (“The trial court erred in imposing public defender fees without giving ... notice of the right to a hearing to contest that amount.... Accordingly, we REVERSE the imposition of the fees and remand to allow Kirby ... opport…
• Sanders v. State, 673 So. 2d 970 (Fla. 1st DCA 1996)
  …entence for possession of a firearm by a convicted felon. We affirm on all issues except the imposition of a public defender lien in the amount of $700. The lien was imposed without notice and an opportunity to be heard on the issue. Kirby v. State, 658 So. 2d 1232 (Fla. 1st DCA 1995). On remand, a reasonable fee may be imposed after Sanders is given notice and an opportunity to be heard. AFFIRMED in part and REVERSED in part. MINER and LAWRENCE, JJ., and SMITH, Senior Judge, concur.…
• Baucham v. State, 676 So. 2d 53 (Fla. 1st DCA 1996)
  …r 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. [*54] 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). Accordingl…

Authorities Cited

• In the Interest of L.A.D. v. State, 616 So. 2d 106 (Fla. 1st DCA 1993)
• Brown v. State, 583 So. 2d 384 (Fla. 3d DCA 1991)
• Mallory Wright v. State, 654 So. 2d 252 (Fla. 1st DCA 1995)