Opinion
No. 95-1589.
April 4, 1996.
Appeal from the Circuit Court for Orange County, Michael F. Cycmanick, Judge.
James B. Gibson, Public Defender, and Lyle Hitchens, Assistant Public Defender, Daytona Beach, for Appellant.
No Appearance for Appellee.
After a jury trial, Dyson was adjudicated guilty of robbery with a firearm and possession of a firearm by a minor. Pursuant to a plea of no contest entered at sentencing, he was also adjudicated guilty of possession of a firearm by a convicted delinquent and reserved his right to appeal the case. He was sentenced to forty-eight months on each felony, and received a three-year minimum mandatory sentence because of the firearm. This was a downward departure sentence.
§ 812.13 (2)(a), Fla.Stat. (1995).
§ 790.22, Fla.Stat. (1995).
§ 790.23, Fla.Stat. (1995).
Finding no error in this case, we affirm in all respects except for the imposition of a $500.00 public defender's lien. The record discloses it was imposed without apprising Dyson of his right to challenge the amount, in violation of Florida Rule of Criminal Procedure. 3.720 (d)(1). Pursuant to Fontenont v. State, 631 So.2d 379 (Fla. 5th DCA 1994), the lien must be stricken without prejudice to its reimposition, after compliance with the rule.
AFFIRMED in part; Lien STRICKEN; REMANDED.
COBB and ANTOON, JJ., concur.