RANDY BEVEN EASTERLY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that fines and costs assessed at sentencing are proper even if the defendant is later declared insolvent, but a specific statutory fine is improper for felonies not resulting in injury or death.
[1] A trial court may assess fines and costs against a defendant who is not insolvent at the time of sentencing, even if the defendant is later declared insolvent for the pur…
[2] A fine imposed pursuant to section 775.0835, Florida Statutes, is improper when the defendant is convicted of felonies that did not result in the injury or death of anoth…
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Join FLexlaw to unlock all legal intelligenceRandy Beven Easterly was convicted of conspiracy and attempted trafficking in cannabis and sentenced to prison and fines. He was later declared insolv…
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SCHEB, Judge.
Randy Beven Easterly was convicted of conspiracy to traffic in cannabis and attempted trafficking in cannabis. He was sentenced to two consecutive fifteen-year terms of imprisonment and ordered to pay a fine of $20,000. Additionally, the court assessed the following costs against him: court costs of $1,000; $10 pursuant to section 960.20, Florida Statutes (1981) (Crimes Compensation Trust Fund); $2 pursuant to section 943.25(4) (Law Enforcement Training and Correctional Officer Training Trust Fund); and $20 pursuant to section 775.-0835 (optional fine for Crimes Compensation Trust Fund). Five days after entry of judgment and sentence, he filed an affidavit of indigency and was subsequently declared insolvent for the purpose of appeal, and counsel was appointed to represent him. Easterly was represented by private counsel during trial.
On appeal Easterly challenges the fines and costs imposed on the ground that he was insolvent.
We first note that Easterly had not been found insolvent at the time of sentencing. At that time he was represented by private counsel and was not declared insolvent until some time later. Although Easterly relies on Ortiz v. State, 420 So. 2d 923 (Fla. 2d DCA 1982), in support of his argument, we note that Ortiz applies only to the assessment of costs against a defendant who is insolvent at the time of sentencing. Therefore, we find no error in the trial court’s assessment of fines and costs against Easterly since, at that time, he was not found to be insolvent.
However, we do find that the fine assessed pursuant to section 775.0835, Florida Statutes (1981), was improper, since Easterly was convicted of felonies which did not result in the injury or death of another person. Moore v. State, 422 So. 2d 1069 (Fla. 2d DCA 1982).
Accordingly, we strike the $20 fine imposed pursuant to section 775.0835. We have examined all other points raised by Easterly and find them to be without merit. Therefore, in all other respects, we affirm his judgment and sentences.
GRIMES, A.C.J., and RYDER, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wiggins v. State, 445 So. 2d 1112 (Fla. 2d DCA 1984)…trike the fine of $20 imposed pursuant to section 775.0835, Florida Statutes (1981). Moore v. State, 422 So. 2d 1069 (Fla. 2d DCA 1982). We affirm all other fines and costs assessed against Wiggins on the basis of our holding in Easterly v. State, 445 So. 2d 1110 (Fla. 2d DCA, 1984). We have examined all other points raised by Wiggins and find them to be without merit. Therefore, in all other respects, we affirm his judgment and sentences. GRIMES, A.C.J., and RYDER, J., concur.…
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Riblett v. State, 445 So. 2d 1111 (Fla. 2d DCA 1984)…trike the fine of $10 imposed pursuant to section 775.0835, Florida Statutes (1981). Moore v. State, 422 So. 2d 1069 (Fla. 2d DCA 1982). We affirm all other fines and costs assessed against Riblett on the basis of our holding in Easterly v. State, 445 So. 2d 1110 (Fla. 2d DCA, 1984). We have examined all other points raised by Riblett and find them to be without merit. Therefore, in all other respects, we affirm his judgment and sentence. GRIMES, A.C.J., and RYDER, J., concur.…
Authorities Cited
- Ortiz v. State, 420 So. 2d 923 (Fla. 2d DCA 1982)
- State v. Bryce, 422 So. 2d 1069 (Fla. 2d DCA 1982)
- Moore v. State, 422 So. 2d 1069 (Fla. 2d DCA 1982)