From Casetext: Smarter Legal Research

State v. Dodson

Supreme Court of Florida
Jun 15, 2000
760 So. 2d 145 (Fla. 2000)

Summary

holding wrongful imposition of a public defender's lien does not constitute fundamental error which may be challenged on direct appeal without having been presented to the trial court pursuant to Rule 3.800(b)

Summary of this case from Mills v. State

Opinion

No. SC93077.

Opinion filed June 15, 2000.

Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance

First District — Case No. 1D97-526.

(Okaloosa County)

Robert A. Butterworth, Attorney General, James W. Rogers, Bureau Chief, Criminal Appeals, and J. Ray Poole, Assistant Attorney General, Tallahassee, Florida, for Petitioner.

Nancy A. Daniels, Public Defender, and Glen P. Gifford, Assistant Public Defender, Second Judicial Circuit, Tallahassee, Florida, for Respondent.


We have for review Dodson v. State, 710 So.2d 159 (Fla. 1st DCA 1998), wherein the First District certified the following question to be one of great public importance:

WHETHER THE WRONGFUL IMPOSITION OF A PUBLIC DEFENDER'S LIEN CONSTITUTES FUNDAMENTAL ERROR WHICH MAY BE CHALLENGED ON DIRECT APPEAL WITHOUT HAVING BEEN PRESENTED TO THE TRIAL COURT, IN LIGHT OF SECTION 924.051(3), FLORIDA STATUTES (SUPP. 1996), AND AMENDED RULE 3.800(B), FLORIDA RULES OF CRIMINAL PROCEDURE.

For the reasons expressed in our opinion in Maddox v. State, 25 Fla. L. Weekly S367 (Fla. May 11, 2000), we answer the certified question in the negative. We quash the decision below and find that the unpreserved sentencing errors asserted in this case do not constitute fundamental error.

It is so ordered.

HARDING, C.J., and SHAW, WELLS, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur.


Summaries of

State v. Dodson

Supreme Court of Florida
Jun 15, 2000
760 So. 2d 145 (Fla. 2000)

holding wrongful imposition of a public defender's lien does not constitute fundamental error which may be challenged on direct appeal without having been presented to the trial court pursuant to Rule 3.800(b)

Summary of this case from Mills v. State

In State v. Dodson, 760 So.2d 145 (Fla. 2000), the court held that the wrongful imposition of a public defender's lien does not constitute fundamental error that may be challenged on direct appeal without having been presented to the trial court via a rule 3.800(b) motion.

Summary of this case from Woods v. State
Case details for

State v. Dodson

Case Details

Full title:STATE OF FLORIDA, Petitioner, v. RICKY ALLEN DODSON, Respondent

Court:Supreme Court of Florida

Date published: Jun 15, 2000

Citations

760 So. 2d 145 (Fla. 2000)

Citing Cases

Woods v. State

However, Woods neither objected at the hearing to imposition of the fees based on noncompliance with the rule…

Mills v. State

However, the imposition of these costs does not constitute fundamental error, much less rise to the level of…