JAMES WILFORD JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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James Wilford Jones appeals his sentence following a no contest plea to two second-degree cocaine felonies. The appellate court affirmed most of the sentence but reversed and remanded portions regarding an excessive fine and improperly assessed costs associated with community service.
The court held that the $15,000 fine imposed on the sale of cocaine count exceeded the statutory maximum of $10,000 for second-degree felonies and must be reduced. The court also held that there was no statutory authority to assess $1,100 in costs associated with participation in the Bay County Work Program, and these costs must be struck from both probation orders. All other aspects of the sentence were affirmed.
[1] A fine imposed as a condition of probation for a second-degree felony cannot exceed $10,000.00.
[2] Costs associated with community service performed as a condition of probation are not statutorily authorized.
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“Section 775.083(l)(b), Florida Statutes (1991), provides that a fine imposed on a second-degree felony may not exceed $10,-000.00.”
Establishes the statutory maximum fine for second-degree felonies that limited the trial court's sentencing authority
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceJones pleaded no contest to purchase of cocaine and sale of cocaine, both second-degree felonies. For the purchase count, he received seven years' inc…
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PER CURIAM.
Appellant, James Wilford Jones, appeals the judgment and sentence imposed pursuant to his no contest plea to two second-degree felonies, one count of purchase of cocaine and one count of sale of cocaine. Both cases were consolidated for purposes of this appeal. On the count of purchase of cocaine, appellant was sentenced to seven years’ incarceration with credit for 285 days followed by seven years’ probation. Conditions of probation include: payment of $10,000.00 fine; performance of 700 hours of community service through the Bay County Work Program; payment of $350.00 costs incurred in association with the community service. On the count of sale of cocaine, appellant was placed on fifteen years’ consecutive probation. Conditions of probation include: payment of $15,000.00 fine; performance of 1500 hours of community service through the Bay County Work Program; payment of $750 costs incurred in association with community service.
The public defender representing appellant filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). In addition, appellant exercised his right to file a pro se brief. Regarding the latter, we find appellant’s points on appeal to be without merit. We do agree, however, with the conclusion reached in defense counsel’s Anders brief that the trial court erroneously imposed a $15,000.00 fine as a condition of probation on the sale of cocaine count, and erroneously assessed costs associated with community service as to both counts.
Section 775.083(l)(b), Florida Statutes (1991), provides that a fine imposed on a second-degree felony may not exceed $10,-000.00. Accordingly, we remand to the trial court with directions to reduce the $15,-000.00 fine, imposed as a condition of probation on the sale of cocaine count, to $10,000.00 or a lesser amount.
We also agree that there is no statutory authority for the assessment of $1,100.00 in costs associated with appellant’s participation in the Bay County Work Program. On remand, we direct the trial court to strike this condition from the probation orders as to both counts. See Martin v. State, 618 So. 2d 737 (Fla. 1st DCA 1993) (on motion for rehearing). In all other respects, the judgment, sentence and probation orders are affirmed.
AFFIRMED in part, REVERSED and REMANDED with directions.
BOOTH, KAHN and MICKLE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Blanchette v. State, 620 So. 2d 258 (Fla. 1st DCA 1993)…le assessment for the same purpose. 618 So. 2d at 740. The characterization of the work program fee in Martin as “an unauthorized double assessment” indicates that the fee is illegal. This court has subsequently stricken the fee in Jones v. State, 617 So. 2d 806 (Fla. 1st DCA 1993), King v. State, 618 So. 2d 740 (Fla. 1st DCA 1993), and Torres v. State, 619 So. 2d 502 (Fla. 1st DCA 1993). None of these cases mentions Thicklin, or indicates that the fee would have been affirmed had an appropriate plea agreem…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Smith v. State, 618 So. 2d 737 (Fla. 2d DCA 1993)
- Martin v. State, 618 So. 2d 737 (Fla. 1st DCA 1993)