Opinion
Case No. 96-00449
Opinion filed July 16, 1997.
Appeal from the Circuit Court for Polk County; E. Randolph Bentley, Judge.
James Marion Moorman, Public Defender, and Joanna B. Conner, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Tracy L. Martinell, Assistant Attorney General, Tampa, for Appellee.
Nathaniel Gant challenges the judgments and sentences imposed upon him for the offenses of battery on a law enforcement officer, resisting an officer with violence, fleeing to elude, and driving while license is suspended or revoked. We affirm the judgments and sentences except for the imposition of the public defender lien. The record shows that the trial court did not advise Gant 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). Faircloth v. State, 686 So.2d 17 (Fla. 2d DCA 1996).
We remand the case with instructions that Gant be given thirty days to file a written objection to the amount of the lien. If he files an objection, the trial court must strike the lien and it may impose a new lien provided that Gant is afforded the required notice and hearing. Halyard v. State, 667 So.2d 1028 (Fla. 2d DCA 1996).
Affirmed and remanded with instructions.
SCHOONOVER, A.C.J., and LAZZARA and QUINCE, JJ., Concur.