MICHAEL ANTHONY HILL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PATTERSON, Judge.
Michael Hill appeals from his judgment and sentence for possession of cocaine. We find merit only in his argument that the trial court failed to advise him of his right to contest the public defender’s hen. See Bourque v. State, 595 So. 2d 222 (Fla. 2d DCA 1992). Therefore, we remand this case to the trial court to give Hill the opportunity to file a written objection to the lien within thirty days of the date of the mandate. If Hill files an objection, the lien must be stricken. The trial court may then assess a new hen if Hill is provided notice and a hearing pursuant to Florida Rule of Criminal Procedure 3.720(d)(1). See Wynn v. State, 664 So. 2d 1127 (Fla. 2d DCA 1995).
Affirmed in part and remanded.
SCHOONOVER, A.C.J., and LAZZARA, J., concur.
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State v. Gitto, 731 So. 2d 686 (Fla. 5th DCA 1998)…then, in most cases, the court is not legally competent to make a final sentencing determination until a presentence investigation has occurred. 826 S.W. 2d at 322. . See also State v. Kennedy, 698 So. 2d 349 (Fla. 4th DCA 1997); State v. Johnson, 696 So. 2d 1328 (Fla. 3d DCA 1997); State v. Hon-iker, 675 So. 2d 681, 682 n. 1 (Fla. 2d DCA 1996); State v. Williams, 616 So. 2d 187 (Fla. 4th DCA 1993).…
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State v. Faulk, 840 So. 2d 319 (Fla. 5th DCA 2003)…uld be permitted to withdraw his guilty plea since his plea was based on the plea negotiation we now find was improper. State v. Chaves-Mendez, 809 So. 2d 910 (Fla. 5th DCA 2002); State v. Abrams, 706 So. 2d 908 (Fla. 2d DCA 1998); State v. Johnson, 696 So. 2d 1328 (Fla. 3d DCA 1997). Under the current Criminal Punishment Code,1 which applies to this case, the sentencing judge must supply reasons for departing downward in all cases. See § 921.00265(1) and (2), Fla. Stat. The Code lists a “legitimate, uncoerc…
Authorities Cited
- Bourque v. State, 595 So. 2d 222 (Fla. 2d DCA 1992)
- Wynn v. State, 664 So. 2d 1127 (Fla. 2d DCA 1995)