Opinion
Case No. 96-4767
Opinion filed December 15, 1997.
An appeal from the Circuit Court for Jackson County. John Roberts, Judge.
Nancy A. Daniels, Public Defender; Fred Parker Bingham II, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General; James W. Rogers, Senior Assistant Attorney General, Tallahassee, for Appellee.
We affirm the defendant's conviction and sentence but reverse the imposition of a lien in the amount of $250.00 for the services of the Public Defender. At the time of sentencing, the defendant was not advised of his right to contest the lien. As we explained in Neal v. State, 688 So.2d 392 (Fla. 1st DCA 1997), the failure to give notice of intent to impose a lien for the services of appointed counsel is fundamental error. Accordingly, we reverse the lien in this case notwithstanding the absence of an objection at the time of sentencing. On remand, the trial court may impose the lien again provided the defendant is given notice and an adequate opportunity to contest the amount. In all other respects we affirm.
Affirmed in part and reversed in part.
MICKLE, LAWRENCE and PADOVANO, JJ., CONCUR.