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JOHNSON v. STATE

No. 91-1690.

600 So.2d 39 (1992)

Norman K. JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 10, 1992.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Joseph R. Chloupek, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Jacqueline Barakat, Asst. Atty. Gen., West Palm Beach, for appellee.

LETTS, Judge.

Regretfully, we must reverse the assessment of a public defender lien against the defendant. True, he was given notice that the matter would be taken up at the time of sentencing, but, in fact, after searching the record of the sentencing hearing, we find it never was. Accordingly, the defendant was given no opportunity to be heard on this issue and no actual motion to impose the fee was ever filed. See In the Interest of R.B.,

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