Ford v. State

695 So. 2d 933, 1997 Fla. App. LEXIS 7243, 1997 WL 356524

Opinion

PER CURIAM.

The defendant, Henry Ford, challenges the sentences imposed upon him for two counts of aggravated assault on a law enforcement officer, two counts of battery on a law enforcement officer, and one count of resisting an officer with violence. He correctly argues that the trial court erred in imposing a $150 public defender lien, pursuant to section 27.56, Florida Statutes (1995), without advising the defendant of his right to a hearing to contest the amount of the lien. See Fla. R.Crim. P. 3.702(d)(1); Bourque v. State, 595 So.2d 222 (Fla. 2d DCA 1992). Therefore, we remand for the trial court to allow the defendant thirty days from the date of the mandate to file a written objection to the amount assessed. See Bourque, 595 So.2d at 222. If an objection is filed, the trial court shall strike the assessment and shall not impose a new lien without notice and hearing. Id. We affirm the sentences in all other respects.

Affirmed in part, reversed in part and remanded.

THREADGILL, C.J., and PATTERSON and-FULMER, JJ., concur.