Opinion
No. 94-3420.
December 28, 1995.
An appeal from the Circuit Court for Leon County; Nikki Clark, Judge.
Nancy A. Daniels, Public Defender; Kathleen Stover and P. Douglas Brinkmeyer, Assistant Public Defenders, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General; Giselle Lylen Rivera, Assistant Attorney General, and James W. Rogers, Senior Assistant Attorney General, Tallahassee, for Appellee.
In this Anders appeal, the trial court imposed a public defender lien without affording Ms. Willis the opportunity to contest the amount assessed. "The failure to provide notice before the assessment of an attorney-fee lien of the right to a hearing to contest the amount of the lien is contrary to the requirements of section 27.56(7), Florida Statutes." Robinson v. State, No. 94-3596, 1995 WL 706582, at [*]2, ___ So.2d ___ (Fla. 1st DCA Dec. 4, 1995) (citing In re L.A.D. v. State, 616 So.2d 106 (Fla. 1st DCA 1993), review denied, 624 So.2d 268 (Fla. 1993)).
See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
Section 27.56(7), Florida Statutes (1993) provides:
The court having jurisdiction of the defendant-recipient may, at such stage of the proceedings as the court may deem appropriate, determine the value of the services of the public defender, special assistant public defender, or appointed private legal counsel and costs, at which time the defendant-recipient or parent, after adequate notice thereof, shall have opportunity to be heard and offer objection to the determination, and to be represented by counsel, with due opportunity to exercise and be accorded the procedures and rights provided in the laws and court rules pertaining to civil cases at law.
(Emphasis added).
Accordingly, the imposition of the public defender lien is reversed, without prejudice to reimpose it on remand after compliance with section 27.56(7), Florida Statutes (1993). The judgment and sentence are in all other respects affirmed.
BOOTH, JOANOS and BENTON, JJ., concur.