Ellis v. State

Full title: JAMES ELLIS, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Jul 12, 1995

657 So. 2d 71 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-2807.

July 12, 1995.

An Appeal from the Circuit Court for Monroe County; J. Jefferson Overby, Judge.

Bennett H. Brummer, Public Defender, and Julie M. Levitt, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Doquyen T. Nguyen, Asst. Atty. Gen., Hollywood, for appellee.

Before LEVY, GERSTEN, and GODERICH, JJ.

PER CURIAM.

Appellant, James Ellis, appeals the trial court's denial of a restitution hearing and imposition of a public defender's lien. We reverse the imposition of the public defender's lien.

The trial court erred in failing to inform the appellant of his right to contest the amount of a lien imposed for the services of a public defender. Peterson v. State, 645 So.2d 1028 (Fla. 4th DCA 1994); Craig v. State, 643 So.2d 50 (Fla. 5th DCA 1994). Accordingly, we reverse the public defender's lien and remand for a new hearing allowing appellant to contest the lien. In all other respects, the decision below is affirmed.

Affirmed in part; reversed in part and remanded.