JERRY LEWIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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[*1052] PER CURIAM.
Jerry Lewis appeals the summary denial of his rule 3.850 motion. Lewis sought in the trial court to strike public defender fees and lien, alleging that he was not advised at his sentencing hearing of the right to contest the amount of the fees or his ability to pay. The trial court denied his motion, reasoning that Lewis should have resolved this issue in a direct appeal. We reverse.
This court has recognized a right to utilize a motion for postconviction relief to challenge the lack of notice and opportunity to contest the trial court’s assessment of fees. See Townsend v. State, 604 So. 2d 885 (Fla. 2d DCA 1992). Because the trial court’s order of denial does not refute Lewis’s claim that the fees were assessed improperly, we reverse and remand this case to the trial court. On remand, the trial court (1) again may deny the relief requested and attach the portion of the record refuting this claim to its order of denial; or (2) conduct an evidentiary hearing.
Reversed and remanded with directions to the trial court.
RYDER, A.C.J., and PARKER and ALTENBERND, JJ., concur.
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Richie v. State, 777 So. 2d 977 (Fla. 2d DCA 1999)…corrected scoresheet. Richie also alleges that the trial court erred in imposing a public defender lien without advising him of his right to contest the amount of the lien. Such a claim is cognizable in a rule 3.850 proceeding. See Lewis v. State, 629 So. 2d 1051 (Fla. 2d DCA 1993). When a public defender lien is imposed, “[njotice of the accused’s right to a hearing to contest the amount of the lien shall be given at the time of the sentence.” Fla. R.Crim. P. 3.720(d)(1). This court has repeatedly held that…
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Lewis v. State, 638 So. 2d 97 (Fla. 2d DCA 1994)…[*98] PER CURIAM. Jerry Lewis appeals the dismissal of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. This court previously reversed and remanded the summary denial of his motion in Lewis v. State, 629 So. 2d 1051 (Fla. 2d DCA 1993). On remand, the trial court dismissed the motion for lack of a proper oath. The trial court’s order, however, did not dismiss without prejudice to refiling a properly sworn motion as it is required to do. See Anderson v. State, 62…
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Preston Duke John Church v. State, 652 So. 2d 911 (Fla. 2d DCA 1995)…Rule of Criminal Procedure 3.850. The issue raised in the motion involves the lack of notice and opportunity to be heard prior to the imposition of costs and attorney’s fees. This issue is the proper subject of a 3.850 motion. See Lewis v. State, 629 So. 2d 1051 (Fla. 2d DCA 1993); Townsend v. State, 604 So. 2d 885 (Fla. 2d DCA 1992). Affirmed. PARKER, A.C.J., and ALTENBERND and QUINCE, JJ., concur.…
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- Townsend v. State, 604 So. 2d 885 (Fla. 2d DCA 1992)