RICHARD S. GARRETT, JR.
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A six-year sentence at hard labor for illegal possession of stolen property valued above $500 is not excessive where the trial court articulated its consideration of sentencing criteria, found few mitigating factors applicable, and emphasized the severity of the offense involving family participation in burglary and theft.
[1] A trial court must adequately consider the criteria for sentencing set forth in LSA-C.Cr.P. …
[2] A trial court's articulation of reasons for imposing a sentence is sufficient if the record reflects adequate consideration of the sentencing criteria in particularizing…
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“”
Standard for appellate review of trial court's sentencing analysis under statutory criteria
Previewing 1 of 4 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceDefendant pleaded guilty to illegal possession of stolen things valued above $500. The stolen items belonged to small homeowners and were taken from y…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Sentencing Decisions cases and more on FLexlaw
PER CURIAM. Appellant, Richard S. Garrett, Jr., appeals the imposition of costs, arguing that the trial court erred in failing to cite statutory authority for the same. We agree and reverse the order imposing costs.
“The statutory authority for all costs imposed, whether they are mandatory or discretionary, must be cited in the written order.” Hornstra v. State, 218 So. 3d 979, 980 (Fla. 5th DCA 2017) (quoting Kirby v. State, 695 So. 2d 889, 890 (Fla. 2d DCA 1997)). We therefore reverse the order of costs and remand so that the State “may seek reimposition” of costs. Kirby, 695 So. 2d at 890. We otherwise affirm.
REVERSED and REMANDED with instructions.
EVANDER, C.J., EISNAUGLE and HARRIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Jomar Morales Negron v. State, 266 So. 3d 1266 (Fla. 5th DCA 2019)
-
Luck v. State (Fla. 5th DCA 2023)
-
Luck v. State (Fla. 5th DCA 2023)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kirby v. State, 695 So. 2d 889 (Fla. 2d DCA 1997)
- Hornstra v. State, 218 So. 3d 979 (Fla. 5th DCA 2017)