MILO L. KIRKLAND, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (11 total)

• Garrison v. State, 685 So. 2d 53 (Fla. 2d DCA 1996)
  …iled, the trial court shall strike the assessment and shall not impose a new assessment without notice and hearing, pursuant to Florida Rule of Criminal Procedure 3.720(d)(1). See Bourque v. State, 595 So. 2d 222 (Fla. 2d DCA 1992); Wilson v. State, 675 So. 2d 613 (Fla. 2d DCA 1996). Similarly, the $2.00 cost imposed pursuant to section 943.25(13), Florida Statutes (1995), is a discretionary cost and must be pi’onounced at sentencing. Reyes, 655 So. 2d at 117. Accordingly, we strike the $2.00 cost. Finally,…
• Botero v. State, 681 So. 2d 813 (Fla. 2d DCA 1996)
  …t evidence. We find this issue is without merit. We do agree with the appellant, however, that the trial court erred in imposing a public defender hen without advising him of his right to a hearing to contest the amount of the lien. Wilson v. State, 675 So. 2d 613 (Fla. 2d DCA 1996). Accordingly, we affirm the judgment and sentence except that on remand the appellant shah have thirty days from the date of the mandate to file a written objection to the amount assessed. If an objection is filed, the trial cou…
• McMILLAN v. State, 8 So. 3d 1237 (Fla. 2d DCA 2009)
  …993).3 The court reasoned that the rule and statute were not subject to implied waiver and that although the defendant indicated that he did not object to the lien, he did not specifically waive his right to a hearing. Id.; see also Wilson v. State, 675 So. 2d 613, 615 (Fla. 2d DCA 1996) (concluding that the defendant’s failure to object to the imposition of a public defender lien did not constitute a valid waiver of the due process requirements of rule 3.720(d)(1)). Here, the trial court did not advise McMi…

Authorities Cited

• Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)