WILLIE LEE JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a public defender lien cannot be imposed without prior notice to the defendant of the assessment and its amount, and an opportunity to challenge it.
Jones pled guilty and was sentenced to probation, with a public defender lien assessed. The public defender objected, arguing lack of notice.…
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W. SHARP, Judge.
Jones pled guilty to the charge of purchasing cocaine.1 At his sentencing hearing, the court sentenced him to three years supervised probation, assessed him $400 for court costs, and a $400 public defender lien. The public defender objected on the grounds that Jones had received no prior notice of the assessment for the public defender, and that the public defender did not move for the assessment, pursuant to section 27.56(l)(a), Florida Statutes (1991). We strike imposition of the $400 public defender lien in this case.
The record fails to show that Jones was given prior notice (in advance of the sentencing hearing) of any intent to impose a lien, or the amount. Further, at the sentencing hearing, Jones was not advised that the trial court would allow him to challenge the amount of the lien within thirty days after the sentencing hearing. This latter procedure has been approved by the Florida Supreme Court in Bull v. State, 548 So. 2d 1103 (Fla.1989), pursuant to Florida Rule of Criminal Procedure 3.720(d)(1).
Since, in this case, Jones was not properly notified of the lien assessment and its amount prior to the sentencing hearing, and in addition, was not provided notice of thirty days in which to challenge the amount, the lien must be stricken. See Bull; Klarstrom v. State, 610 So. 2d 102 (Fla. 5th DCA1992). We disagree with In the Interest of R.B., 582 So. 2d 163 (Fla. 4th DCA1991) that it is necessary for assessment of a public defender lien, that the public defender must file a motion seeking its imposition. See generally, Livingston v. State, 441 So. 2d 1083 (Fla.1983) (“In procedural matters, the criminal rules prevail over statutes which are contrary.”).
The public defender’s lien of $400 is stricken, without prejudice to reimpose it on remand, after compliance with Florida Rule of Criminal Procedure 3.720(d)(1).
AFFIRMED in part; Lien QUASHED; REMANDED.
HARRIS, C.J., and PETERSON, J., concur. . § 893.13(1)(a)1., Fla.Stat. (1991).
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Citator
Cited By (11 total)
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Mounts v. State, 638 So. 2d 602 (Fla. 4th DCA 1994)…dopted for the purpose of implementing the statute. The Florida Bar, In re Rules of Criminal Procedure, 389 So. 2d 610 (Fla.1980). The court, in Bull, also recognized that ability to pay is not an issue at the time of imposition. In Jones v. State, 623 So. 2d 627 (Fla. 5th DCA 1993), the court acknowledged conflict with R.B. In Jones, the court recognized that a motion by the public defender is not a prerequisite to a trial court imposing a lien for fees, provided there is notice and opportunity for hearing…
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Gilchrist v. State, 674 So. 2d 847 (Fla. 2d DCA 1996)…t to contest the fees; thus, we reverse the award of attorney’s fees without prejudice to reimpose them in compliance with Florida Rule of Criminal Procedure 3.720(d)(1). See Farmer v. State, 617 So. 2d [*849] 447 (Fla. 2d DCA 1993); Jones v. State, 623 So. 2d 627 (Fla. 5th DCA 1993). Affirmed in part, reversed in part. CAMPBELL, A.C.J., and QUINCE, J., concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).…
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Carlo Gant v. State, 682 So. 2d 1137 (Fla. 2d DCA 1996)…tencing hearing that he could challenge the amount of the assessment within thirty days. See Hayes v. State, 21 Fla. L. Weekly D1008, — So. 2d - [1996 WL 180206] (Fla. 2d DCA Apr. 10, 1996); Bull v. State, 548 So. 2d 1103 (Fla.1989); Jones v. State, 623 So. 2d 627 (Fla. 5th DCA 1993). We, therefore, strike the $1,000 in attorney’s fees without prejudice to reimpose it on remand. SCHOONOVER and LAZZARA, JJ., concur.…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Livingston v. State, 441 So. 2d 1083 (Fla. 1983)
- Bull v. State, 548 So. 2d 1103 (Fla. 1989)
- In the Interest of R.B., 582 So. 2d 163 (Fla. 4th DCA 1991)
- Pierce v. Dudley Vees and Alice Vees, 610 So. 2d 102 (Fla. 5th DCA 1992)