Opinion
Case No. 96-2053
Opinion filed May 22, 1997.
An appeal from the Circuit Court for Duval County. Henry Davis, Judge.
Nancy A. Daniels, Public Defender; Michael A. Wasserman, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General; James W. Rogers, Senior Assistant Attorney General, Tallahassee, for Appellee.
We affirm appellant's sentence but strike the attorney fee imposed because appellant was not informed that he had a right to challenge the assessment, which is fundamental error. See Neal v. State, 22 Fla. L. Weekly D416, D418 (Fla. 1st DCA Feb. 10, 1997)("[T]he state overlooks the fact that the supreme court has held that it is `fundamental' error to order a criminal defendant to pay attorney fees without affording adequate notice and an opportunity to be heard."). The fee may again be imposed on remand provided appellant is afforded adequate notice and an opportunity to contest its amount. Brock v. State, 667 So.2d 1014 (Fla. 1st DCA 1996).
MINER, LAWRENCE and PADOVANO, JJ., CONCUR.