Legal Opinion

Whitehurst v. State

District Court of Appeal of Florida

Decided November 23, 1994No. 94-03082Published

1Per curiam

Anthony Whitehurst appeals the denial of a motion to correct illegal sentence and a sworn “motion to strike lien and public defender’s fees.” We affirm the denial of both motions.

The only claim that may have merit is the appellant’s assertion that he failed to receive prior notice and an opportunity to be heard regarding the public defender’s fees assessed against him. See Smith v. State, 623 So.2d 1242 (Fla. 2d DCA 1993); Townsend v. State, 604 So.2d 885 (Fla. 2d DCA 1992). The trial court denied relief without ruling on the merits of this allegation. As in Smith, the trial court should have…

2Cases cited2 opinions

  1. Townsend v. StateDistrict Court of Appeal of Florida · 1992
  2. Smith v. StateDistrict Court of Appeal of Florida · 1993

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