Opinion
Case No. 96-01640
Opinion filed June 27, 1997.
Appeal from the Circuit Court for Polk County; E. Randolph Bentley, Judge.
James Marion Moorman, Public Defender, and Douglas Chanco, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Anne E. Sheer, Assistant Attorney General, Tampa, for Appellee.
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 1996). 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.