KEITH JACKSON
v.
STATE OF FLORIDA
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Keith Jackson appeals his convictions for second-degree murder, false imprisonment, and firearm possession. The appellate court affirms his convictions but reverses certain costs imposed at sentencing because the trial court failed to provide proper notice and opportunity to be heard, and imposed a sheriff's investigative cost without evidence of agency request.
The court affirms Jackson's convictions but reverses the $65 and $50 discretionary costs because they were imposed without proper notice and opportunity to be heard. The court also reverses the $100 sheriff's investigative cost because there is no record evidence the agency requested it. On remand, the trial court may reimpose the discretionary costs with proper procedures, but may not reimpose the sheriff's investigative cost.
[1] A trial court errs by imposing discretionary costs without providing the defendant notice and an opportunity to be heard.
[2] A trial court errs by ordering sheriff's investigative costs without a request from the relevant agency as required by statute.
Previewing 2 of 4 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“the trial court erred in imposing the $65 discretionary cost pursuant to section 939.185, Florida Statutes, and a $50 discretionary cost pursuant to section 775.083(2), Florida Statutes, neither of which was pronounced at sentencing, without giving Appellant notice and an opportunity to be heard”
Establishes the constitutional error of imposing costs without proper notice and opportunity to be heard
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Join FLexlaw to unlock all legal intelligenceJackson was convicted of second-degree murder, false imprisonment, and possession of a firearm by a convicted felon. At sentencing, the trial court im…
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PER CURIAM.
This is an appeal pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), of a judgment and sentence for second-degree murder, false imprisonment, and possession of a firearm by a convicted felon. We affirm Appellant’s convictions without discussion. However, the trial court erred in imposing the $65 discretionary cost pursuant to section 939.185, Florida Statutes, and a $50 discretionary cost pursuant to section 775.083(2), Florida Statutes, neither of which was pronounced at sentencing, without giving Appellant notice and an opportunity to be heard. The trial court also erred by ordering Appellant to pay $100 in sheriff’s investigative cost pursuant to section 938.27(1), Florida Statutes, without a request from the agency as required by the statute.
Accordingly, we reverse the $65 discretionary cost and the $50 discretionary cost. On remand, the trial court may reimpose these costs after providing notice to Appellant and following the proper procedures; if the trial court decides not to reimpose the costs, it can enter a corrected judgment and sentence striking them. We also reverse the $100 in sheriff's investigative cost, but on remand the trial court may not reimpose this cost because there is no record evidence the agency requested the cost. See Mills v. State, 177 So. 3d 984 (Fla. 1st DCA 2015); DeSalvo v. State, 107 So. 3d 1185, 1187 (Fla. 1st DCA 2013). AFFIRMED in part, REVERSED in part, and REMANDED with directions.
WOLF, ROWE, and WINOKUR, JJ., concur. _____________________________
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Mills v. State, 177 So. 3d 984 (Fla. 1st DCA 2015)