Opinion
Nos. 94-1076, 94-1077.
January 6, 1995.
Appeal from the Circuit Court for Seminole County; Newman D. Brock, Judge.
James B. Gibson, Public Defender, and James T. Cook, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Ann M. Childs, Asst. Atty. Gen., Daytona Beach, for appellee.
This is an appeal from a sentence wherein appellant was given improper consecutive enhanced sentences. Hale v. State, 630 So.2d 521 (Fla. 1993), cert. den., ___ U.S. ___, 115 S.Ct. 278, 130 L.Ed.2d 195 (1994); Brooks v. State, 630 So.2d 527 (Fla. 1993); Horn v. State, 642 So.2d 1209 (Fla. 5th DCA 1994). Without giving notice, the appellant, over his objection, was required to pay a public defender "lien." See Fontenont v. State, 631 So.2d 379 (Fla. 5th DCA 1994); Jones v. State, 623 So.2d 627 (Fla. 5th DCA 1993); Smith v. State, 622 So.2d 638 (Fla. 5th DCA 1993). Appellee confesses error by "acknowledging the holdings" of the pertinent case law.
SENTENCE VACATED; REMANDED FOR RESENTENCING.
COBB and THOMPSON, JJ., concur.