Opinion
No. 96-3293.
August 29, 1997.
Appeal from the Circuit Court for Orange County; Reginald K. Whitehead, Judge.
James B. Gibson, Public Defender, and Stephanie H. Park, Assistant Public Defender, Daytona Beach, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee.
Following Robert L. Williams' plea of no contest to felony petit theft, the trial court assessed a $250 public defender lien at sentencing without notifying him of his right to contest the lien. We recognize that it is fundamental error cognizable on appeal to impose a public defender's lien without giving adequate notice to the defendant of his right to challenge it and its amount. Bisson v. State, 696 So.2d 504 (Fla. 5th DCA 1997); Rangel v. State, 692 So.2d 277 (Fla. 5th DCA 1997); Gordon v. State, 649 So.2d 326 (Fla. 5th DCA 1995).
We reverse only that portion of the sentence imposing the lien without prejudice to reimpose it, upon remand, after compliance with Rule 3.720 (d)(1), Florida Rules of Criminal Procedure (1995). We otherwise affirm the judgment and sentence.
AFFIRMED IN PART, REVERSED IN PART; REMANDED.
DAUKSCH and THOMPSON, JJ., concur.