IVERY FORTT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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.
In this Anders appeal, the Second District Court of Appeal affirmed Fortt's conviction but struck certain costs and probation conditions imposed by the trial court that lacked statutory authority or were not properly announced at sentencing.
The court affirmed the conviction and underlying sentence but struck: (1) a $300 cost lacking statutory authority; (2) attorney's fees imposed without notice of the right to contest; (3) multiple special probation conditions not announced at sentencing; and (4) a $12 cost to First Step, Inc. lacking statutory reference.
[1] A trial court must orally pronounce special conditions of probation or community control at sentencing.
[2] A condition prohibiting firearm possession may be affirmed even if a portion allowing officer consent is stricken.
Previewing 2 of 6 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“Under Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995), it is mandatory for a trial court to provide the statutory basis for every cost item imposed.”
Establishes the requirement that all costs must have statutory authority cited by the trial court.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceFortt was convicted and sentenced to a term that included various costs and probation conditions. The trial court assessed a $300 cost without citing …
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 Imposition Of Costs cases and more on FLexlaw
PER CURIAM.
In this appeal brought pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we have found no error affecting Fortt’s conviction; however, we strike certain costs and certain probation conditions imposed by the trial court.
First, a cost of $300 was assessed by the trial court referencing no statutory authority. Under Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995), it is mandatory for a trial court to provide the statutory basis for every cost item imposed. Accordingly, this cost must be stricken. On remand, the state may seek to reimpose appropriate costs in accordance with Reyes.
Second, Fortt was assessed attorney’s fees without being given notice of his right to contest the amount of the fee. See Drinnon v. State, 598 So. 2d 229 (Fla. 2d DCA 1992). On remand, if the trial court awards attorney’s fees, Fortt must be informed of his right to contest the amount of the fees.
Third, the trial court improperly imposed special conditions of probation without announcing these conditions at sentencing. This was error. See Nank v. State, 646 So. 2d 762 (Fla. 2d DCA 1994). We affirm condition four insofar as it prohibits the ownership or possession of a firearm, but strike the portion of condition four which implies that Fortt’s community control or probation officer may consent to Fortt’s possession of a firearm. We also strike the portion of condition four relating to weapons.
In addition, we strike that portion of condition six relating to excessive use of intoxicants because it was not pronounced at sentencing. We further strike condition eleven, which requires Fortt to maintain an hourly accounting of all his daily activities and submit them to his community control officer upon request. This special condition was not pronounced at sentencing. See Vinyard v. State, 586 So. 2d 1301 (Fla. 2d DCA 1991).
We also strike condition fourteen and condition eighteen insofar as they require Fortt to pay for evaluation and treatment programs because the trial court did not pronounce this special condition.
Finally, we strike condition fifteen, which requires Fortt to pay twelve dollars to First Step, Inc., because the trial court provided no statutory reference for the imposition of this cost. Nank. On remand, the state may seek to reimpose appropriate costs in accordance with Reyes.
Accordingly, we affirm the judgment and sentence, but strike certain costs and certain probation conditions imposed by the trial court.
CAMPBELL, A.C.J., and FRANK and WHATLEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Walker v. State, 660 So. 2d 361 (Fla. 2d DCA 1995)…, 655 So. 2d 111, 117 (Fla. 2d DCA 1995). Accordingly, we affirm the conviction and sentence and strike the improperly imposed costs. On remand, the state may seek reim-position of the costs with proper notice to the appellant. See Fortt v. State, 658 So. 2d 637 (Fla. 2d DCA 1995). ALTENBERND and FULMER, JJ., concur.…
-
Cherubin v. State, 682 So. 2d 173 (Fla. 2d DCA 1996)…atutes (1993), since it was not orally pronounced. See Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)(en banc). Additionally, the $300.00 attorney fee is hereby stricken without prejudice to reimpose after notice to the defendant. Fortt v. State, 658 So. 2d 637 (Fla. 2d DCA 1995). We affirm the judgments and remand for resentencing as directed above. CAMPBELL, A.C.J., and PATTERSON, J., concur.…
-
V.D. v. State, 922 So. 2d 1037 (Fla. 5th DCA 2006)…inarily imposes fines such as the $1,000 imposed against V.D. in cases where people elect to go to trial. A trial court must provide a statutory basis for every cost imposed. See Miller v. State, 912 So. 2d 1282 (Fla. 2d DCA 2005); Fortt v. State, 658 So. 2d 637 (Fla. 2d DCA 1995). A fine must also have a statutory basis before it can be imposed. There is no statutory authority for imposing a monetary fine simply because a juvenile exercises her constitutional right to go to trial. The trial court cited no…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- Nank v. State, 646 So. 2d 762 (Fla. 2d DCA 1994)
- Vinyard v. State, 586 So. 2d 1301 (Fla. 2d DCA 1991)
- Drinnon v. State, 598 So. 2d 229 (Fla. 2d DCA 1992)