JODY ARLENE NOBLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The appellant, Jody Arlene Noble, challenges the imposition of a public defender’s lien pursuant to her convictions for possession of cocaine and driving while license suspended. She argues that the trial court erred in imposing the lien without informing her of her right to a hearing to contest the amount thereof. Since the trial court indeed failed to so advise Noble, this cause is remanded to provide Noble thirty days within which to file a written objection to the lien. See Fla. R.Crim. P. 3.720(d)(1). See also Bourque v. State, 595 So. 2d 222 (Fla. 2d DCA 1992). In the event Noble files a written objection, the lien shall be stricken but may be reimposed after notice and a hearing. See Bourque. See also James v. State, 696 So. 2d 1268 (Fla. 2d DCA 1997).
Remanded with instructions.
FRANK, A.C.J., and THREADGILL and ALTENBERND, JJ., concur.
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Citator
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June v. State, 784 So. 2d 1257 (Fla. 5th DCA 2001)…of the offender, resulting in conviction, prior to the commission of the primary offense.” Prior record includes any prior offense “notwithstanding that a conviction was not obtained until after the primary offense was committed.” Peterson v. State, 700 So. 2d 786, 787 (Fla. 4th DCA 1997). See Thorp v. State, 555 So. 2d 362 (Fla.1990). Since the robbery with a mask was resolved prior to the time of his Heggs re-sentencing, it was correctly included as part of his prior record at resentencing. [*1259] Once the…
Authorities Cited
- Bourque v. State, 595 So. 2d 222 (Fla. 2d DCA 1992)
- Milo Fred James, III v. State, 696 So. 2d 1268 (Fla. 2d DCA 1997)