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Smith v. State

District Court of Appeal of Florida, Fifth District
Feb 4, 1994
632 So. 2d 99 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-1087.

February 4, 1994.

Appeal from the Circuit Court, Orange County, John H. Adams, Sr., J.

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

No Appearance, for appellee.


We affirm the defendant's conviction and sentence for burglary of a conveyance. However, our review of the record reveals that the defendant was never apprised of his right to contest the amount of the public defender's lien that was imposed. This was error. Smith v. State, 622 So.2d 638, 639 (Fla. 5th DCA 1993). Therefore, the $600 lien is stricken without prejudice to its reimposition upon compliance with Rule 3.720(d)(1), Florida Rules of Criminal Procedure. The case is remanded for further proceedings consistent with this opinion.

GOSHORN and DIAMANTIS, JJ., concur.


Summaries of

Smith v. State

District Court of Appeal of Florida, Fifth District
Feb 4, 1994
632 So. 2d 99 (Fla. Dist. Ct. App. 1994)
Case details for

Smith v. State

Case Details

Full title:ROBERT DEREK SMITH, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Feb 4, 1994

Citations

632 So. 2d 99 (Fla. Dist. Ct. App. 1994)

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