JESUS JIMENEZ CERDA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The appellant, Jesus Jimenez Cerda, challenges his conviction and sentence for second-degree murder, and he raises several issues on appeal. We find merit only in his contention that the trial court erred in assessing a public defender hen.
A public defender hen was improperly imposed on Cerda without giving Cerda notice of his right to a hearing to contest the amount of the lien. See Drinnon v. State, 598 So. 2d 229 (Fla. 2d DCA 1992). On remand, Cerda should have 30 days from the date of the mandate to file a written objection to the fee assessed. If an objection is filed, the assessment should be stricken, and a new assessment may be imposed in accordance with Florida Rule of Criminal Procedure 3.720(d)(1).
Accordingly, we affirm the judgment and sentence, but remand for Cerda to have an opportunity to file a written objection to the public defender hen.
PATTERSON, A.C.J., and WHATLEY, J., and SCHEB, JOHN M., Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Torrie D. Spry v. State, 912 So. 2d 384 (Fla. 2d DCA 2005)…to the public defender lien within thirty days of our mandate. If Mr. Spry does so, the trial court shall strike the lien but may enter a new public defender lien in accordance with Florida Rule of Criminal Procedure 3.720(d)(1). See Cerda v. State, 679 So. 2d 1276 (Fla. 2d DCA 1996). Judgment and sentence affirmed; remanded for opportunity to file written objection to public defender lien. STRINGER and WALLACE, JJ„ Concur.…
Authorities Cited
- Drinnon v. State, 598 So. 2d 229 (Fla. 2d DCA 1992)