JOHN MCMILLIAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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McMillian appeals his sentence of community service imposed in lieu of court costs for a misdemeanor cannabis possession conviction. The court holds that the trial judge erred by imposing community service based on $200 in costs (appropriate for felonies) rather than $50 (the statutory maximum for misdemeanors), requiring remand for correction.
The court reverses the imposition of community service based on $200 in costs and remands for the trial court to impose community service in lieu of payment of only $50 in costs as required by statute for misdemeanor convictions. The court affirms the finding that the appellant waived his ex post facto argument by failing to make a contemporaneous objection at trial.
[1] A statute providing for community service in lieu of court costs cannot be applied retroactively if the defendant did not raise an ex post facto argument at the trial cou…
[2] When imposing community service in lieu of costs for a misdemeanor conviction under section 27.3455, Florida Statutes (1985), the court is limited to imposing a maximum o…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Each hour of community service shall be credited against the additional costs imposed by the court at a rate equivalent to the minimum wage.”
Establishes the statutory mechanism by which community service hours offset imposed costs, making the amount of costs directly relevant to the length of required community service.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceMcMillian's probation was revoked and he was adjudicated guilty on January 25, 1986, of possession of less than twenty grams of cannabis, a misdemeano…
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WIGGINTON, Judge.
McMillian appeals the trial court's imposition of community service in lieu of costs pursuant to section 27.3455, Florida Statutes (1985), arguing that the statute cannot be applied retroactively against him, and that the court erred in imposing community service hours based upon $200 court costs since the maximum court costs which may be imposed by that statute for a misdemeanor amount to $50. We affirm in part and reverse in part.
Appellant s probation was revoked, and on January 25, 1986, he was adjudicated guilty of the initial crime committed in 1982 of possession of less than twenty grams of cannabis, a misdemeanor. The court entered an order finding appellant indigent and waiving the $200 court costs pursuant to section 27.3455, but requiring community service after release from incarceration. Appellant argues that since he pled guilty to and was convicted of a misdemeanor, section 27.3455 sets forth the proper costs of $50 to be imposed. The significance of the imposition of the monetary costs in relation to the community service imposed lies in the statute’s providing that “[e]ach hour of community service shall be credited against the additional costs imposed by the court at a rate equivalent to the minimum wage.” Thus, as appellant points out, the consequence of the trial court’s imposing community service in lieu of costs of $200, which would have been proper only for a felony conviction, is that appellant would be required to remain on community service longer in order to earn wages commensurate to the greater amount of costs.
We agree, and the State concedes, that since appellant was convicted of a misdemeanor, the court should have imposed only $50 in costs. We therefore reverse and remand for the trial court to correct appellant’s sentence to reflect imposition of community service in lieu of payment of $50 in costs under section 27.3455.
As to appellant’s other point, we hold that he has waived the ex post facto argument by not making a contemporaneous objection below. See Slaughter v. State, 493 So. 2d 1109 (Fla. 1st DCA 1986).
AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings consistent with this opinion.
WENTWORTH and NIMMONS, JJ., concur.
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Citator
Cited By
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Beaver v. State, 588 So. 2d 659 (Fla. 1st DCA 1991)…itten sentencing or probation order must conform to the trial court’s oral pronouncement. Timmons v. State, 453 So. 2d 143 (Fla. 1st DCA 1984). Further, one convicted of a misdemeanor may be assessed no more than $50.00 in costs. McMillian v. State, 502 So. 2d 510 (Fla. 1st DCA 1987). The statutorily mandated costs to be assessed against one who pleads nolo conten-dere to a misdemeanor include: (1) $50.00 in costs in accordance with the schedule of costs set forth in section 27.3455(1), Florida Statutes (1989…
Authorities Cited
- Slaughter v. State, 493 So. 2d 1109 (Fla. 1st DCA 1986)