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TIMOTHY CURTIS McMAHON, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

COWART, Judge.

The trial court erred in imposing a public defender's lien without notice and opportunity to be heard. 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. Except as modified by striking the order imposing a public defender's lien, the defendant's conviction and sentence is

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).

See Henriquez v. State, 545 So.2d 1340 (Fla. 1989); Wood v. State, 544 So.2d 1004 (Fla. 1989).

AFFIRMED.

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

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McMAHON v. STATE
(May 24, 1990)