McMahon v. State, 561 So. 2d 1284 (Fla. 5th DCA 1990). · Go Syfert
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McMahon v. State, 561 So. 2d 1284 (Fla. 5th DCA 1990). Cases Citing This Book View Copy Cite
19 citation events (3 in the last 25 years) across 2 distinct courts.
Strongest positive: State v. Robinette (fladistctapp, 1995-03-29)
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited "see" State v. Robinette
Fla. Dist. Ct. App. · 1995 · signal: see · confidence high
See Hicks v. State, 561 So.2d 1284 (Fla. 2d DCA) (the use of a child in a sexual performance has been held to be a strict liability crime), rev. denied, 574 So.2d 141 (Fla.1990); and State v. Sorakrai, 543 So.2d 294 (Fla. 2d DCA 1989) (section 800.04(2) is a strict liability offense).
discussed Cited "see" In the Interest of LB
Fla. Dist. Ct. App. · 1995 · signal: see · confidence high
See McMahon v. State, 561 So.2d 1284 (Fla. 5th DCA 1990) (due process requirement that criminal defendant receive adequate notice and opportunity to be heard was fundamental and was not subject to requirement of contemporaneous objection and implied waiver); Bull v. State, 548 So.2d 1103 (Fla. 1989) (defendant's failure to object or request hearing after adequate notice of the right to a hearing on the amount of lien for fees for appointed attorney constituted waiver) (emphasis added).
discussed Cited "see" Outmezguine v. State (2×)
Md. · 1994 · signal: see · confidence high
See Hicks v. State, 561 So.2d 1284 (Fla.Dist.Ct.
cited Cited "see" Donovan v. State
Fla. Dist. Ct. App. · 1990 · signal: see · confidence high
See McMahon v. State, 561 So.2d 1284 (Fla. 5th DCA 1990); Clark v. State, 560 So.2d 264 (Fla. 5th DCA 1990).
cited Cited "see, e.g." Hope v. State
Fla. Dist. Ct. App. · 1991 · signal: see also · confidence low
See Pitonack v. State, 572 So.2d 1041 (Fla. 4th DCA 1991); see also, McMahon v. State, 561 So.2d 1284 (Fla. 5th DCA 1990).
Retrieving the full opinion text from the archive…
Timothy Curtis McMAHON, Appellant,
v.
STATE of Florida, Appellee.
89-1479.
District Court of Appeal of Florida, Fifth District.
May 24, 1990.
561 So. 2d 1284
Cowart.
Cited by 9 opinions  |  Published

[*1285] James B. Gibson, Public Defender, and Glen P. Gifford, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Colin Campbell, Asst. Atty. Gen., Daytona Beach, for appellee.

COWART, Judge.

The trial court erred in imposing a public defender's lien without notice and opportunity to be heard.[1] The order imposing a public defender's lien in case number 89-606-CF-B-Y is hereby stricken without prejudice to a new determination of the matter by the trial court after proper notice and opportunity to be heard is afforded the defendant. The due process requirement that a criminal defendant receive adequate notice and opportunity to be heard is fundamental, not subject to the requirement of a contemporaneous objection nor an implied waiver.[2] Except as modified by striking the order imposing a public defender's lien, the defendant's conviction and sentence is

AFFIRMED.

DANIEL, C.J., and GRIFFIN, J., concur.

1 Harriel v. State, 520 So.2d 271 (Fla. 1988); Mays v. State, 519 So.2d 618 (Fla. 1988); Jenkins v. State, 444 So.2d 947 (Fla. 1984).
2 See Henriquez v. State, 545 So.2d 1340 (Fla. 1989); Wood v. State, 544 So.2d 1004 (Fla. 1989).