Florida District Courts of Appeal, 1996

Murray v. State

Murray v. State
Florida District Courts of Appeal · Decided July 15, 1996 · Miner, Smith, Webster
677 So. 2d 70; 1996 Fla. App. LEXIS 7607; 1996 WL 390921 (Southern Reporter, Second Series)

Murray v. State

Opinion of the Court

PER CURIAM.

The trial court erred in imposing a public defender’s lien without giving the appellant notice of his right to a hearing to contest the amount. See Brown v. State, 672 So.2d 57 (Fla. 1st DCA 1996); Neal v. State, 669 So.2d 1113 (Fla. 1st DCA 1996); Kirby v. State, 658 So.2d 1232 (Fla. 1st DCA 1995). Accordingly, the imposition of the public defender’s lien is vacated. On remand, a lien may again be imposéd, provided that appellant is given notice and an opportunity to contest its amount. The judgment and sentence is affirmed in all other respects.

AFFIRMED and REMANDED, with directions.

MINER and WEBSTER, JJ., and SMITH, Senior Judge, concur.

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