Opinion
Case No. 96-01349
Opinion filed July 16, 1997.
Appeal from the Circuit Court for Hillsborough County; Bob Anderson Mitcham, 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.
Raymundo Cruz challenges the judgment and sentence imposed upon him by the trial court for his conviction of trafficking in cannabis. We affirm the judgment and sentence except for the imposition of the public defender lien. The record shows that the trial court did not advise Cruz of his right to a hearing to contest the amount of the lien as required by Florida Rule of Criminal Procedure 3.720(d)(1). Faircloth v. State, 686 So.2d 17 (Fla. 2d DCA 1996).
We remand this case with instructions that Cruz be given thirty days to file a written objection to the amount of the lien. If he files an objection, the trial court must strike the lien and it may impose a new lien provided that Cruz is afforded the required notice and hearing. Halyard v. State, 667 So.2d 1028 (Fla. 2d DCA 1996).
Affirmed and remanded with instructions.
SCHOONOVER, A.C.J., and LAZZARA and QUINCE, JJ., Concur.