RAY HOWARD, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Counsel for the appellant, Ray Howard, Jr., filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), suggesting four issues for review. Our independent review of the record reveals error only in the assessment of the public defender lien. We affirm in all other respects.
Howard was improperly assessed a $500 public defender lien without being given notice of his right to contest the amount of the lien. See Hughes v. State, 658 So. 2d 174 (Fla. 2d DCA 1995). On remand, Howard should have 30 days from the date of the mandate to file a written objection to the lien assessed. If an objection is filed, the assessment should be stricken, and a new assessment may be imposed in accordance with Florida Rule of Criminal Procedure 3.720(d)(1).
Accordingly, we affirm the judgment and sentence, but remand for Howard to have an opportunity to file a written objection to the public defender lien.
PARKER, A.C.J., and QUINCE and WHATLEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Willis v. State, 696 So. 2d 1222 (Fla. 2d DCA 1997)…we affirm Willis’s convictions. The trial court improperly imposed a public defender’s lien without advising Willis of his right to contest the amount of the lien, as required by Florida Rule of Criminal Procedure 3.720(d)(1). See Howard v. State, 674 So. 2d 187 (Fla. 2d DCA 1996). We remand the ease with instructions to give Willis thirty days from the date of the mandate to file a written objection to the amount assessed. If Willis files an objection with the trial court, the assessment shall be stricken…
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Lemuel Ronald Harris v. State, 700 So. 2d 85 (Fla. 2d DCA 1997)…to contest the lien, as required by Florida Rule of Criminal Procedure 3.720(d)(1), we remand the case with instructions to give Harris thirty days from the date of the mandate to file a written objection to the amount assessed. See Howard v. State, 674 So. 2d 187 (Fla. 2d DCA 1996). If Harris files an objection, the assessment shall be stricken and a new assessment shall not be imposed without notice and a hearing pursuant to rule 3.720(d)(1). See Trice v. State, 655 So. 2d 1270 (Fla. 2d DCA 1995); Bourque v…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Hughes v. State, 658 So. 2d 174 (Fla. 2d DCA 1995)
- Davie v. State, 658 So. 2d 174 (Fla. 2d DCA 1995)