LOZANO v. STATE, 622 So.2d 639 (Fla.App. 5 Dist. 1993)

EDWARD LOZANO, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

No. 93-63.District Court of Appeal of Florida, Fifth District.
August 27, 1993.

Appeal from the Circuit Court for Brevard County; Edward J. Richardson, Judge.

James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.

No Appearance for appellee.

PER CURIAM.

We affirm the judgment and sentence but strike the public defender’s fee which was imposed without notice or an opportunity to object to the amount of the fee. Upon remand, the public defender’s fee may be reinstated after notice and an opportunity to object are provided. See Fla. R.Crim.P. 3.720(d)(1).

JUDGMENT AND SENTENCE AFFIRMED; PUBLIC DEFENDER’S FEE QUASHED and REMANDED.

COBB, GRIFFIN and THOMPSON, JJ., concur.

Page 940

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