McMahon v. State

May 24, 1990
89-1479
Versions:561 So. 2d 1284
1990 WL 68662

COWART, Judge.

The trial court erred in imposing a public defender‘s lien without notice and opportunity to be heard.1 The order imposing a public defender‘s lien in case number 89-606-CF-B-Y is hereby stricken without prejudice to a new determination of the matter by the trial court after proper notice and opportunity to be heard is afforded the defendant. The due process requirement that a criminal defendant receive adequate notice and opportunity to be heard is fundamental, not subject to the requirement of a contemporaneous objection nor an implied waiver.2 Except as modified by striking the order imposing a public defender‘s lien, the defendant‘s conviction and sentence is

AFFIRMED.

DANIEL, C.J., and GRIFFIN, J., concur.

Notes

1
Harriel v. State, 520 So.2d 271 (Fla. 1988); Mays v. State, 519 So.2d 618 (Fla. 1988); Jenkins v. State, 444 So.2d 947 (Fla. 1984).
2
See Henriquez v. State, 545 So.2d 1340 (Fla. 1989); Wood v. State, 544 So.2d 1004 (Fla. 1989).