ROBERT DEREK SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1994-02-04
No. 93-1087
GOSHORN and DIAMANTIS, JJ., concur.
632 So. 2d 99 Florida District Court of Appeal, Fifth District (1994) Positive Treatment
Cited by 6 cases
Opinion of the Court
HARRIS, Chief Judge.

HARRIS, Chief Judge.

We affirm the defendant’s conviction and sentence for burglary of a conveyance. However, our review of the record reveals that the defendant was never apprised of his right to contest the amount of the public defender’s lien that was imposed. This was error. Smith v. State, 622 So. 2d 638, 639 (Fla. 5th DCA 1993). Therefore, the $600 lien is stricken without prejudice to its reimposition upon compliance with Rule 3.720(d)(1), Florida Rules of Criminal Procedure. The case is remanded for further proceedings consistent with.this opinion.

GOSHORN and DIAMANTIS, JJ., concur.

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  • McLEOD v. State, 645 So. 2d 116 (Fla. 5th DCA 1994)
    …Fla. 5th DCA 1994); Edwards v. State, 639 So. 2d 107 (Fla. 5th DCA 1994); Griffin v. State, 636 So. 2d 589 (Fla. 5th DCA 1994); Fulmore v. State, 634 So. 2d 829 (Fla. 5th DCA 1994); Lynch v. State, 632 So. 2d 710 (Fla. 5th DCA 1994); Smith v. State, 632 So. 2d 99 (Fla. 5th DCA 1994); Fontenont v. State, 631 So. 2d 379 (Fla. 5th DCA 1994); Fannin v. State, 630 So. 2d 230 (Fla. 5th DCA 1994); Duffey v. [*117] State, 629 So. 2d 1115 (Fla. 5th DCA 1994). Appellant must be properly resentenced. SENTENCE VACATED…
  • Edwards v. State, 639 So. 2d 107 (Fla. 5th DCA 1994)
    …ards of his right to contest the amount of the assessment as mandated in Florida Rule of Criminal Procedure 3.720(d)(1). Therefore, the $250.00 lien is stricken without prejudice to its reimposition upon compliance with the rule. See Smith v. State, 632 So. 2d 99 (Fla. 5th DCA 1994). This case is remanded for proceedings consistent with this opinion. JUDGMENT AFFIRMED; REMANDED. DAUKSCH and PETERSON, JJ., concur.…
  • Hernandez v. State, 638 So. 2d 209 (Fla. 5th DCA 1994)
    …r, we strike that part of the probation order which charges Hernandez with a Public Defender’s fee of $200.00, since he was not advised of his right to contest the fee, pursuant to Florida Rule of Criminal Procedure 3.720. See, e.g., Smith v. State, 632 So. 2d 99 (Fla. 5th DCA 1994); Dujfey v. State, 629 So. 2d 1115 (Fla. 5th DCA 1994). AFFIRMED in part; assessment of Public Defender fees STRICKEN. HARRIS, C.J., and W. SHARP and PETERSON, JJ., concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 139…

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