Florida District Courts of Appeal, 1993

Thomas v. State

Thomas v. State
Florida District Courts of Appeal · Decided April 2, 1993 · Goshorn, Harris, Sharp
616 So. 2d 180; 1993 Fla. App. LEXIS 4030; 1993 WL 95498 (Southern Reporter, Second Series)

Thomas v. State

Opinion of the Court

HARRIS, Judge.

Having examined the record in this case, we find no reversible error as to the sentence and affirm same.

We do find error in the imposition of the $100 public defender lien because the record does not show that the defendant was given any notice or opportunity to object to the amount of the lien imposed, as required by section 27.56(7), Florida Statutes. In fact, the court did not announce the amount at sentencing. Therefore, we strike the imposition of the public defender lien without prejudice. The State is free to *181properly notice the defendant of a future hearing on this issue, at which time the defendant may dispute the amount of the lien if he so desires. Klarstrom v. State, 610 So.2d 102 (Fla. 5th DCA 1992); Carroll v. State, 602 So.2d 702 (Fla. 5th DCA 1992).

AFFIRM; QUASH LIEN and REMAND.

GOSHORN, C.J., and W. SHARP, J., concur.

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