Daryl A. Rae v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED DARYL ALAN RAE, Appellant, v. Case No. 5D13-4593 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed November 21, 2014 Appeal from the Circuit Court for Osceola County, Jon B. Morgan, Judge. James S. Purdy, Public Defender, and Steven N. Gosney, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Allison L. Morris, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Daryl Alan Rae appeals his judgment and sentences on two counts of lewd or lascivious molestation on a person under age twelve. We affirm the judgment and sentences except for the $500 public defender lien which was imposed by the trial court without providing notice to Rae of his right to contest the lien, as required by Florida Rule of Criminal Procedure 3.720(d)(1). See Strong v. State, 140 So. 3d 680 (Fla. 5th DCA 2014) (holding that a public defender lien must be orally pronounced at sentencing and the trial court must advise the defendant of his right to contest same). Accordingly, we reverse the public defender lien without prejudice to the trial court re-imposing the lien after complying with the rule. AFFIRMED in part; REVERSED in part; REMANDED. PALMER, COHEN and LAMBERT, JJ., concur. 2

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