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Thomas v. State

District Court of Appeal of Florida, Fifth District
Apr 2, 1993
616 So. 2d 180 (Fla. Dist. Ct. App. 1993)

Opinion

No. 92-2714.

April 2, 1993.

Appeal from the Circuit Court for St. Johns County, Richard G. Weinberg, Judge.

James B. Gibson, Public Defender, and James T. Cook, Asst. Public Defender, Daytona Beach, for appellant.

No appearance for appellee.


Having examined the record in this case, we find no reversible error as to the sentence and affirm same.

We do find error in the imposition of the $100 public defender lien because the record does not show that the defendant was given any notice or opportunity to object to the amount of the lien imposed, as required by section 27.56(7), Florida Statutes. In fact, the court did not announce the amount at sentencing. Therefore, we strike the imposition of the public defender lien without prejudice. The State is free to properly notice the defendant of a future hearing on this issue, at which time the defendant may dispute the amount of the lien if he so desires. Klarstrom v. State, 610 So.2d 102 (Fla. 5th DCA 1992); Carroll v. State, 602 So.2d 702 (Fla. 5th DCA 1992).

AFFIRM; QUASH LIEN and REMAND.

GOSHORN, C.J., and W. SHARP, J., concur.


Summaries of

Thomas v. State

District Court of Appeal of Florida, Fifth District
Apr 2, 1993
616 So. 2d 180 (Fla. Dist. Ct. App. 1993)
Case details for

Thomas v. State

Case Details

Full title:GUY C. THOMAS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Apr 2, 1993

Citations

616 So. 2d 180 (Fla. Dist. Ct. App. 1993)