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702 So. 2d 299

Mack v. State

District Court of Appeal of Florida

Decided December 15, 1997

District Court of Appeal of Florida · decided 1997-12-15

Relies on 688 So. 2d 392 - Neal v. State

Decided 1997-12-15

PER CURIAM.

¶1We affirm the defendant’s conviction and sentence but reverse the imposition of a lien in the amount of $250.00 for the services of the Public Defender. At the time of sentencing, the defendant was not advised of his right to contest the lien. As we explained in Neal v. State, 688 So.2d 392 (Fla. 1st DCA 1997), the failure to give notice of intent to impose a lien for the services of appointed counsel is fundamental error. Accordingly, we reverse the lien in this case notwithstanding the absence of an objection at the time of sentencing. On remand, the trial court may *300impose the lien again provided the defendant is given notice and an adequate opportunity to contest the amount. In all other respects we affirm.

¶2Affirmed in part and reversed in part.

MICKLE, LAWRENCE and PADOVANO, JJ., concur.
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