MATTHEW DAVID PIASECKI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in imposing a public defender's lien without advising the appellant of the statutory authority and the right to contest the amount.
The trial court imposed a public defender's lien. The appellate counsel raised this as an issue, and the State conceded the error.…
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DANAHY, Judge.
Appellate counsel has submitted an An-ders1 brief, calling this court’s attention to three possible issues. We find merit in the third issue.
The third issue is that the trial court erred in imposing a public defender’s lien. The State concedes the error. Accordmgly, we reverse the assessment of a public defender’s hen in this case. The trial court failed to advise the appellant of the statutory authority for its imposition, § 27.56, Fla. Stat. (1995), and the trial court failed to advise the appellant of his right to contest the amount of the fees. See § 27.56(7), Fla. Stat. (1995); Fla. R.Crim. P. 3.720; Brown v. State, 506 So. 2d 1068 (Fla. 2d DCA 1987).
On remand, the appellant shall be given thirty days from the date of the mandate to file a written objection to the amount of attorney’s fees imposed. If the appellant objects, the fees shall be stricken but may be reimposed based on the trial court’s findings following a fee healing. See Bourque v. State, 595 So. 2d 222 (Fla. 2d DCA 1992).
Except as specified herein, the appellant’s judgment and sentence are affirmed.
PARKER, C.J., and QUINCE, J., concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Riser v. State, 898 So. 2d 116 (Fla. 2d DCA 2005)…). We reverse the assessment of $1500 for the public defender’s services because the trial court failed to advise Riser that he could contest the amount. On remand, Riser shall be given an opportunity to object to the amount. See Piasecki v. State, 704 So. 2d 1134 (Fla. 2d DCA 1998). We also reverse the habitual violent felony offender sentences for burglary of a dwelling with an assault or battery and retaliation against a witness. To support habitual offender treatment, the State offered proof that Riser h…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Bourque v. State, 595 So. 2d 222 (Fla. 2d DCA 1992)
- Alphonso Brown v. State, 506 So. 2d 1068 (Fla. 2d DCA 1987)