Opinion
Case No. 96-02095
Opinion filed January 21, 1998.
Appeal from the Circuit Court for Pasco County; Wayne L. Cobb, Judge.
James Marion Moorman, Public Defender, Bartow, and Frank D.L. Winstead, Assistant Public Defender, Clearwater, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.
Appellate counsel has submitted an Anders brief, calling this court's attention to three possible issues. We find merit in the third issue.
Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
The third issue is that the trial court erred in imposing a public defender's lien. The State concedes the error.
Accordingly, we reverse the assessment of a public defender's lien in this case. The trial court failed to advise the appellant of the statutory authority for its imposition, § 27.56, Fla. Stat. (1995), and the trial court failed to advise the appellant of his right to contest the amount of the fees.See § 27.56(7), Fla. Stat. (1995); Fla. R. Crim. P. 3.720; Brown v. State, 506 So.2d 1068 (Fla. 2d DCA 1987).
On remand, the appellant shall be given thirty days from the date of the mandate to file a written objection to the amount of attorney's fees imposed. If the appellant objects, the fees shall be stricken but may be reimposed based on the trial court's findings following a fee hearing. See Bourque v. State, 595 So.2d 222 (Fla. 2d DCA 1992).
Except as specified herein, the appellant's judgment and sentence are affirmed.
PARKER, C.J., and QUINCE, J., Concur.