DAVID FARNAM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed convictions for battery, resisting arrest with violence, and robbery, but remanded for correction of the sentencing scoresheet to reflect all offenses at conviction and reversed the imposition of costs without a hearing on indigency.
A sentencing scoresheet must reflect all offenses at conviction and the victim injury points they justify, and costs cannot be imposed without notice, opportunity to object, and a hearing on indigency.
[1] A sentencing scoresheet must reflect all offenses at conviction to properly calculate victim injury points under Florida Rules of Criminal Procedure 3.701(d)(7).
[2] Costs cannot be imposed without affording the defendant notice, an opportunity to object, and a hearing on indigency.
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Join FLexlaw to unlock all legal intelligenceAppellant Farnam was convicted of battery, resisting arrest with violence, and robbery, and received a ten-year sentence pursuant to a plea agreement …
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WIGGINTON, Judge.
Before us is an appeal brought pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), wherein appellant has filed a pro se brief challenging his sentence on the basis of alleged improperly scored points for victim injury. We affirm appellant’s convictions for battery, resisting arrest with violence, and robbery, and we note that at the sentencing hearing, pursuant to a plea agreement, appellant received an effective sentence of ten years, which was within the guidelines range. However, the score-sheet, reflecting robbery as the primary offense at conviction, does not list as additional offenses at conviction the counts of battery and resisting arrest with violence. Those convictions would justify the scoring of fourteen points for victim injury. See Fla.R.Crim.P. 3.701 d.7. Consequently, we must remand the cause for correction of the scoresheet to reflect the oral pronouncement of sentence and the additional offenses at conviction. Beverly v. State, 516 So. 2d 30 (Fla. 1st DCA 1987).
We also reverse on the basis that costs of $225 were improperly imposed without affording appellant notice and an opportunity to object, and a hearing on indigency. Bellinger v. State, 514 So. 2d 1142 (Fla. 1st DCA 1987).
AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings consistent with this opinion.
BOOTH and THOMPSON, JJ., concur.
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Moore v. State, 530 So. 2d 61 (Fla. 1st DCA 1988)…la. 1st DCA 1987); Harris v. State, 498 So. 2d 1371 (Fla. 1st DCA 1986). Furthermore, the imposition of such costs may be challenged even though no objection was raised in the trial court. Harriet v. State, 520 So. 2d 271 (Fla.1988); Famam v. State, 516 So. 2d 329 (Fla. 1st DCA 1987); Bellinger v. State, 514 So. 2d 1142 (Fla. 1st DCA 1987); Brown v. State, 508 So. 2d 776 (Fla. 1st DCA 1987). There is nothing in this record to indicate appellant received adequate notice regarding any of the costs imposed. The…
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Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Darrin Bellinger v. State, 514 So. 2d 1142 (Fla. 1st DCA 1987)
- Linton Edward Beverly v. State, 516 So. 2d 30 (Fla. 1st DCA 1987)