BENNETT FLEMING, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1996-05-03
No. 95-1269
DAUKSCH, COBB and GOSHORN, JJ., concur.
674 So. 2d 795 Florida District Court of Appeal, Fifth District (1996) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

The judgment and sentence in this case are affirmed except 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 SENTENCE AFFIRMED; LIEN STRICKEN; REMANDED.

DAUKSCH, COBB and GOSHORN, JJ., concur.


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  • R.R. v. State, 956 So. 2d 557 (Fla. 5th DCA 2007)
    …or the time spent on the case by [*559] R.R.’s public 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 correc…

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