JAMES C. HOWINGTON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 5th DCA | 1997-09-26
No. 97-1927
W. SHARP and PETERSON, JJ., concur.
700 So. 2d 86 Florida District Court of Appeal, Fifth District (1997) Positive Treatment
Cited by 2 cases

Opinion of the Court
HARRIS, Judge.

HARRIS, Judge.

We grant rehearing on the motion filed by the State and withdraw our previous opinion. It appears that the trial court, in fact, ruled on Howington’s motion for post conviction relief prior to the issuance of our opinion. Thus the petition became moot and is, therefore,

DISMISSED.

W. SHARP and PETERSON, JJ., concur.


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    …roper procedure or without adequate factual or legal basis shown in the record. Accordingly, we affirm the conviction but are forced to vacate the sentence and remand to the lower court to properly assess costs and fees.”); see also Q.E.L. v. State, 700 So. 2d 86 (Fla. 2d DCA 1997); Hankerson v. State, 464 So. 2d 700 (Fla. 2d DCA 1985). This generally requires that the amount of the lien be established by applying a reasonable hourly rate to the time the attorney spent on the case. Gonse v. State, 713 So. 2d…

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