DARYL ALAN RAE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2014-11-21
No. 5D13-4593
PALMER, COHEN and LAMBERT, JJ., concur.
152 So. 3d 94 Florida District Court of Appeal, Fifth District (2014) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Daryl Alan Rae appeals his judgment and sentences on two counts of lewd or lascivious molestation on a person under age twelve. We affirm the judgment and sentences except for the $500 public defender lien which was imposed by the trial *95court without providing notice to Rae of his right to contest the lien, as required by Florida Rule of Criminal Procedure 3.720(d)(1). See Strong v. State, 140 So.3d 680 (Fla. 5th DCA 2014) (holding that a public defender lien must be orally pronounced at sentencing and the trial court must advise the defendant of his right to contest same). Accordingly, we reverse the public defender lien without prejudice to the trial court re-imposing the lien after complying with the rule.

AFFIRMED in part; REVERSED in part; REMANDED.

PALMER, COHEN and LAMBERT, JJ., concur.


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Cited By

  • Lake v. State, 159 So. 3d 306 (Fla. 5th DCA 2015)
    …it is orally imposed.” (citing Kirkland v. State, 106 So. 3d 4, 5 (Fla. 1st DCA 2013))). Our reversal of the public defender fees is without prejudice for the trial court to reimpose the fees after complying with Rule 3.720(d)(1). See Rae v. State, 152 So. 3d 94, 95 (Fla. 5th DCA 2014). We affirm all other aspects of the judgments and sentences without discussion. AFFIRMED in part, REVERSED in part, and REMANDED. TORPY, C.J., and BERGER, J., concur.…

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