JESUS JIMENEZ CERDA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1996-09-20
No. 95-00789
PATTERSON, A.C.J., and WHATLEY, J., and SCHEB, JOHN M., Senior Judge, concur.
679 So. 2d 1276 Florida District Court of Appeal, Second District (1996) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant, Jesus Jimenez Cerda, challenges his conviction and sentence for second-degree murder, and he raises several issues on appeal. We find merit only in his contention that the trial court erred in assessing a public defender hen.

A public defender hen was improperly imposed on Cerda without giving Cerda notice of his right to a hearing to contest the amount of the lien. See Drinnon v. State, 598 So. 2d 229 (Fla. 2d DCA 1992). On remand, Cerda should have 30 days from the date of the mandate to file a written objection to the fee 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 Cerda to have an opportunity to file a written objection to the public defender hen.

PATTERSON, A.C.J., and WHATLEY, J., and SCHEB, JOHN M., Senior Judge, concur.


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Cited By

  • Torrie D. Spry v. State, 912 So. 2d 384 (Fla. 2d DCA 2005)
    …to the public defender lien within thirty days of our mandate. If Mr. Spry does so, the trial court shall strike the lien but may enter a new public defender lien in accordance with Florida Rule of Criminal Procedure 3.720(d)(1). See Cerda v. State, 679 So. 2d 1276 (Fla. 2d DCA 1996). Judgment and sentence affirmed; remanded for opportunity to file written objection to public defender lien. STRINGER and WALLACE, JJ„ Concur.…

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