KENNEGRUE EDWARD BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
In this direct criminal appeal, the public defender has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Appellant has also filed a brief in proper person. Having reviewed the entire record, we agree that no reversible error occurred. Accordingly, we affirm appellant’s conviction and sentence. However, as the public defender points out, the lien for attorney fees imposed upon appellant must be vacated because appellant was not afforded notice of intent to seek such a lien, or an opportunity to contest its amount. E.g., Bryant v. State, 661 So. 2d 1315 (Fla. 1st DCA 1995); L.AD. v. State, 616 So. 2d 106 (Fla. 1st DCA), review denied, 624 So. 2d 268 (Fla.1993). On remand, a lien may again be imposed, provided that appellant is given notice and an opportunity to contest its amount.
AFFIRMED and REMANDED, with directions.
WEBSTER, MICKLE and LAWRENCE, JJ., concur.
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Murray v. State, 677 So. 2d 70 (Fla. 1st DCA 1996)…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…
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Thurmond Michael Harrison v. State, 677 So. 2d 58 (Fla. 1st DCA 1996)…Affir-mance as to the third issue is mandated by our decision in Dennis v. State, 673 So. 2d 881 (Fla. 1st DCA 1996). As to the fourth issue, we must vacate the amounts imposed for the public defender’s lien and for restitution. See Brown v. State, 672 So. 2d 57 (Fla. 1st DCA 1996) (public defender’s hen); Norman v. State, 659 So. 2d 722 (Fla. 1st DCA 1995) (restitution). These amounts may be reimposed on remand, provided that appehant is given notice and an opportunity to be heard. AFFIRMED and REMANDED,…
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Dunmore v. State, 677 So. 2d 63 (Fla. 1st DCA 1996)…asserted by appellant. Concerning the imposition of the public defender’s lien, this court has consistently vacated such liens where, as here, the appellant was not given 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). On remand, a lien may again be imposed, provided that appellant is given notice and an opportunity to contest its amount. A…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- In the Interest of L.A.D. v. State, 616 So. 2d 106 (Fla. 1st DCA 1993)
- Bryant v. State, 661 So. 2d 1315 (Fla. 1st DCA 1995)