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701 So. 2d 627

Hobby v. State

District Court of Appeal of Florida

Decided November 7, 1997

District Court of Appeal of Florida · decided 1997-11-07

Relies on 515 So. 2d 227 - Phillips v. Dugger · Bourque v. State · 506 So. 2d 1068 - Brown v. State

Decided 1997-11-07

DANAHY, Acting Chief Judge.

¶1The appellant challenges a public defender’s lien and the imposition of costs in his sentence. We affirm the costs assessment. We reverse the public defender’s lien.

¶2A trial court may not impose an attorney’s fee without first advising the defendant of the statutory authority for its imposition and also advising the defendant of the right to contest the amount of the fee. See § 27.56, Fla. Stat. (1995); Fla. R.Crim. P. 3.720; Brown v. State, 506 So.2d 1068 (Fla. 2d DCA), review denied, 515 So.2d 229 (Fla.1987). The trial court did not observe these requirements in assessing a public defender’s lien against the appellant.

¶3On remand the attorney’s fee may be reimposed if the appellant is given thirty days from the date of the mandate to file a written objection to the amount of the attorney’s fee imposed. If the appellant objects, the fee shall be stricken but may be reimposed based on the trial court’s findings following a rehearing. Bourque v. State, 595 So.2d 222 (Fla. 2d DCA 1992).

¶4Except as specified herein, the appellant’s judgment and sentence are affirmed.

FRANK and WHATLEY, JJ., concur.
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