Opinion
Case No. 96-00736
Opinion filed July 23, 1997.
Appeal from the Circuit Court for Hillsborough County; J. Rogers Padgett, Judge.
James Marion Moorman, Public Defender, Bartow, and Richard J. Sanders, Assistant Public Defender, Clearwater, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Johnny T. Salgado, Assistant Attorney General, Tampa, for Appellee.
Raymond Kalchthaler appeals a judgment and sentence for aggravated battery. We affirm the conviction and sentence, but remand for further proceedings with respect to a public defender's lien. The trial court imposed a public defender's lien without advising Mr. Kalchthaler of his right to contest the amount of the lien, as required by Florida Rule of Criminal Procedure 3.720(d)(1). We, therefore, remand the case with instructions to give Mr. Kalchthaler thirty days from the date of the mandate to file a written objection to the amount of the lien. If an objection is filed, the lien must be stricken and a new lien may be imposed thereafter only upon compliance with rule 3.720(d).See Bourque v. State, 595 So.2d 222 (Fla. 2d DCA 1992).
Affirmed; remanded with instructions.
DANAHY, A.C.J., and CAMPBELL, J., Concur.