WILLIE VANDYKE WILSON, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2015-06-09
No. 1D14-586
THOMAS, MARSTILLER, and BILBREY, JJ., concur.
164 So. 3d 806 Florida District Court of Appeal, First District (2015) Positive Treatment


Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm, without discussion, Appellant’s convictions and sentences for possession of a controlled substance; resisting a law enforcement officer without violence; and driving while license is cancelled, suspended or revoked — second conviction. However, we conclude, and the State properly concedes, the trial court erred by imposing a Public Defender lien of $150 without providing Appellant an opportunity to contest it. See § 938.29(5), Fla. Stat.; Fla. R. Crim. P. 3.720(d)(1) (“Notice of the accused’s right to a hearing to contest the amount of the lien shall be given at the time of sentence.”); see also Vaughn v. State, 65 So.3d 138, 139 (Fla. 1st DCA 2011) (“[T]he State properly concedes that the Public Defender lien fee should be stricken because the trial court did not advise [the defendant] of his right to a hearing to contest the amount of the fees.”). We therefore remand for the trial court to either strike the $150 Public Defender lien or give Appellant the opportunity to contest the amount of the lien. See Chestnut v. State, 145 So.3d 193, 194 (Fla. 1st DCA 2014).

AFFIRMED; REMANDED with directions.

THOMAS, MARSTILLER, and BILBREY, JJ., concur.


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