P.J., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
HARRIS, Judge.
We affirm the trial court’s adjudication of the appellant as a delinquent and her commitment to the Department of Juvenile Justice at level six. See I.H. v. State, 584 So. 2d 230 (Fla. 5th DCA 1991); R.G.S. v. State, 597 So. 2d 816 (Fla. 2d DCA), rev. denied, 601 So. 2d 553 (Fla.1992).
Regarding the imposition of the public defender lien, the record discloses it was imposed without apprising P.J. of his right to challenge the amount, in violation of Florida Rule of Criminal Procedure 3.720(d)(1). Consequently, the lien must be stricken without prejudice to its reimposition after compliance with the rule. Fontenont v. State, 631 So. 2d 379 (Fla. 5th DCA 1994).
AFFIRMED in part; Lien STRICKEN; REMANDED.
DAUKSCH and ANTOON, JJ., concur.
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Bennett Fleming v. State, 674 So. 2d 795 (Fla. 5th DCA 1996)…for the assessment of a $1,000 public defender’s lien. The record does not show that the defendant was advised of his right to a hearing to contest the amount of the lien as required by Florida Rule of Criminal Procedure 3.720(d)(1). P.J. v. State, 670 So. 2d 196 (Fla. 5th DCA 1996). See also Glenn v. State, 657 So. 2d 970 (Fla. 5th DCA 1995). The public defender’s lien of $1,000 is stricken, without prejudice to the reimposition of a lien upon remand after compliance with Rule 3.720(d)(1). JUDGMENT AND SE…
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R.R. v. State, 956 So. 2d 557 (Fla. 5th DCA 2007)…lic defender. Accordingly, the public defender lien is stricken and the cause is remanded for an appropriate hearing at which the trial court can properly determine the amount. See Fleming v. State, 674 So. 2d 795 (Fla. 5th DCA 1996); P.J. v. State, 670 So. 2d 196 (Fla. 5th DCA 1996); Swift. LIEN STRICKEN; REMANDED. GRIFFIN and TORPY, JJ., concur. . The trial court initially imposed a lien in the amount of $2,500. R.R. subsequently filed a motion to correct the amount, arguing the trial court simply awarde…
Authorities Cited
- R.G.S. v. State, 597 So. 2d 816 (Fla. 2d DCA 1992)
- Crawford v. State, 631 So. 2d 379 (Fla. 5th DCA 1994)
- I.H. v. State, 584 So. 2d 230 (Fla. 5th DCA 1991)