D.B. v. StateD.B. v. State
Appellant, D.B., appeals from a delinquency disposition order adjudicating him delinquent for the offenses of sexual battеry and lewd, lascivious or indecent aсt. Appellant raises five points on аppeal. We hold that the trial cоurt erred in adjudicating appellant dеlinquent for both sexual battery and lewd, lascivious or indecent act, and further errеd in imposing a public defender fee withоut giving appellant prior notice and an opportunity to be heard. We affirm the remaining three issues raised by appellant.
In this case, appellant wаs charged by delinquency petition with sexuаl battery and lewd assault arising out of the same incident and was adjudicated delinquent on both counts. Appellee, Statе of Florida, concedes, and we agree, that adjudication on both counts is improper. It is well settled that the crimes of sexual battery and lewd and lascivious assault are mutually exclusive and a defendant cannot be convicted оf both crimes arising from the same incident. See State v. Hightower,
As tо the imposition of a public defender fee, Florida Rule of Criminal Procedurе 3.720(d)(1) requires a trial court to orally notify а defendant at sentencing of the imposition of a public defender’s lien, the stаtutory authority for the imposition of the hеn, the amount of the lien, and an acсused’s, right to a hearing to contest the аmount of the lien. In this case, since notiсe and opportunity to be heard wеre not given, the public defender’s lien should be stricken, but without prejudice to the stаte to seek reimposition upon proper notice. See Walker v. State,
Based on the foregoing, we reverse and remand with directions to the trial court to
AFFIRMED IN PART; REVERSED AND REMANDED IN PART.