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22 Fla. L. Weekly D2232d

CORREY HUTCHINSON, Appellant, v. STATE OF FLORIDA, Appellee. 2nd District. Criminal law -- Error to impose public defender's lien without advising defendant of right to contest amount of lien -- Remand without prejudice to reimpose the lien upon compliance with Florida Rule of Criminal Procedure 3.720(d)(1)

CORREY HUTCHINSON, Appellant, v. STATE OF FLORIDA, Appellee. 2nd District. Case No. 96-02044. Opinion filed September 17, 1997. Appeal from the Circuit Court for Pasco County; Wayne L. Cobb, Judge. Counsel: James Marion Moorman, Public Defender, Bartow, and Frank D. L. Winstead, Assistant Public Defender, Clearwater, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and William J. Munsey, Jr., Assistant Attorney General, Tampa, for Appellee.

(PER CURIAM.) We affirm Correy Hutchinson's conviction and sentence for fleeing and eluding but strike the public defender lien. At sentencing, the trial court did not advise Hutchinson that this lien would be imposed or that he had a right to a hearing to contest the amount of the lien. We remand this case without prejudice to the reimposition of the public defender lien upon compliance with Florida Rule of Criminal Procedure 3.720(d)(1). (BLUE, A.C.J., and FULMER and WHATLEY, JJ., Concur.)

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