HERBERT PINCKNEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that statutory costs imposed in the judgment must be stricken because they contradicted the trial court's oral pronouncement waiving costs and violated the ex post facto clause.
The defendant was convicted of several offenses and the trial court orally waived all court costs at sentencing. However, the written judgment include…
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FRANK, Judge.
Herbert Pinckney appeals from the judgment and sentences for petit theft, battery on law enforcement officer, resisting officer with violence and aggravated assault. We affirm his convictions but strike the costs.
At Pinckney’s sentencing hearing, the trial court expressly waived the imposition of all court costs and the judgment contains the notation: “Court Costs Waived.” Nonetheless, it ordered Pinck-ney to pay $20 to the Crimes Compensation Trust Fund under section 960.20, Florida Statutes. (1985), $2.50 under section 943.-25(4), Florida Statutes (1985), and $200 costs pursuant to section 27.3455, Florida Statutes (1985). The written judgment does not conform to the trial court’s pronouncement at the hearing. Yates v. State, 429 So. 2d 815 (Fla. 2d DCA 1983). In addition, the inclusion within the judgment of costs permitted by section 27.3455, with the attendant denial of gain time until the costs are paid, offends the ex post facto proscription where, as here, Pinckney’s offenses were committed prior to section 27.-3455’s effective date. State v. Yost, 507 So. 2d 1099 (Fla.1987).
Accordingly, we strike the costs imposed upon Pinckney. The judgment and sentences are otherwise affirmed.
CAMPBELL, A.C.J., and BOARDMAN, EDWARD F. (Ret.), J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Yost, 507 So. 2d 1099 (Fla. 1987)
- In the Interest of R.B. v. State, 429 So. 2d 815 (Fla. 2d DCA 1983)
- Yates v. State, 429 So. 2d 815 (Fla. 2d DCA 1983)