LAWRENCE R. FULMORE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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THOMPSON, Judge.
Lawrence R. Fulmore appeals his convictions for possession of cocaine1 in count one and the lesser included offense of battery2 in count two of the information. We affirm his convictions and sentence but we strike the assessment of fees. It was error for the trial court to assess the state attorney’s fee of $250. Turkaly v. State, 615 So. 2d 222 (Fla. 5th DCA 1993); Smith v. State, 606 So. 2d 501 (Fla. 5th DCA 1992). The defense argues that it was also error to assess a public defender lien of $100 without prior notice to Fulmore that he had the right to contest the amount of the lien to be imposed. Florida Rule of Criminal Procedure 3.720(d)(1) requires that Fulmore be advised of his right to a hearing to contest the amount of the lien. The $100 public defender’s lien is stricken without prejudice to the reimposition of the lien upon remand after Fulmore is advised of his rights. Bull v. State, 548 So. 2d 1103 (Fla.1989); Smith v. State, 622 So. 2d 638 (Fla. 5th DCA 1993).
JUDGMENT and SENTENCE AFFIRMED; PUBLIC DEFENDER’S LIEN QUASHED and REMANDED FOR PROCEEDINGS CONSISTENT WITH THIS OPINION.
HARRIS, C.J., and GOSHORN, J., concur. . § 893.13(l)(f), Fla.Stat. (1991).
. § 784.03, Fla.Stat. (1991).
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Citator
Cited By
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Dewitt v. State, 639 So. 2d 694 (Fla. 5th DCA 1994)…II and III. Hill v. State, 624 So. 2d 417 (Fla. 2d DCA 1993). Third, it was error to impose a public defender’s lien at the hearing without apprising Dewitt of his right under Rule 3.720(d)(1) to a hearing to challenge the amount. Fulmore v. State, 634 So. 2d 829 (Fla. 5th DCA 1994); Smith v. State, 622 So. 2d 638 (Fla. 5th DCA 1993). REVERSED and REMANDED. GOSHORN, GRIFFIN and THOMPSON, JJ., concur. . § 812.13(2), Fla.Stat. (1993). . § 784.03, Fla.Stat. (1993).…
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Wilson v. State, 675 So. 2d 613 (Fla. 2d DCA 1996)…n because the trial court did not advise the defendant of his right to a hearing to contest the amount of the lien, pursuant to Florida Rule of Criminal Procedure 3.720(d)(1). See Trice v. State, 655 So. 2d 1270 (Fla. 2d DCA 1995); Fulmore v. State, 634 So. 2d 829 (Fla. 5th DCA 1994). We observe that the defendant’s failure to object to the imposition of the public defender lien does not constitute a valid waiver of the due process requirements of rule 3.720(d)(1). See Norris v. State, 659 So. 2d 1352, 1354-1…
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McLEOD v. State, 645 So. 2d 116 (Fla. 5th DCA 1994)…Fla. 5th DCA 1994); Craig v. State, 643 So. 2d 50 (Fla. 5th DCA 1994); Dewitt v. State, 639 So. 2d 694 (Fla. 5th DCA 1994); Edwards v. State, 639 So. 2d 107 (Fla. 5th DCA 1994); Griffin v. State, 636 So. 2d 589 (Fla. 5th DCA 1994); Fulmore v. State, 634 So. 2d 829 (Fla. 5th DCA 1994); Lynch v. State, 632 So. 2d 710 (Fla. 5th DCA 1994); Smith v. State, 632 So. 2d 99 (Fla. 5th DCA 1994); Fontenont v. State, 631 So. 2d 379 (Fla. 5th DCA 1994); Fannin v. State, 630 So. 2d 230 (Fla. 5th DCA 1994); Duffey v. [*117]…
Authorities Cited
- Bull v. State, 548 So. 2d 1103 (Fla. 1989)
- Bruce v. State, 622 So. 2d 638 (Fla. 2d DCA 1993)
- Domena v. State, 622 So. 2d 638 (Fla. 5th DCA 1993)
- Turkaly v. State, 615 So. 2d 222 (Fla. 5th DCA 1993)
- Gibson v. State, 606 So. 2d 501 (Fla. 5th DCA 1992)
- Smith v. State, 606 So. 2d 501 (Fla. 5th DCA 1992)