AARON ANDERSON, 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.
The court held that a written judgment and sentence must accurately reflect the conviction and that discretionary costs cannot be imposed without notice and an opportunity to be heard.
Anderson appealed his judgment and sentence, arguing it contained two errors: an incorrect conviction listed and an improperly assessed cost. The Stat…
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 Discretionary Costs cases and more on FLexlaw
LAWRENCE, Judge.
In this belated appeal, Aaron Reynold Anderson (Anderson) argues there are two defects in his written judgment and sentence which must be corrected. The State properly concedes error on both. First, the judgment erroneously indicates Anderson was convicted of purchasing cocaine within 200 feet of a public housing facility, a crime with which he was never charged and a crime to which he never pleaded. Anderson was convicted of purchasing cocaine.1 Second, the written sentence assessed $100 in costs to go to the Florida Crime Lab Trust Fund. This cost is discretionary and as such, cannot be imposed unless the defendant is first given notice and an opportunity to be heard, and the record cites the specific statutory author- lty for the assessment. Sutton v. State, 635 So. 2d 1032 (Fla. 2d DCA 1994); Williams v. State, 604 So. 2d 13 (Fla. 2d DCA 1992). Review of the record in this case reflects that none of these requirements were met. The cost was not included in the plea agreement, and was not verbally imposed at the plea and sentencing hearing. Moreover, no statutory authority was cited to support the assessment.
Accordingly, we REVERSE and REMAND with directions to correct the scrivener’s error in the final judgment and for a hearing on the costs issue where Anderson is afforded notice and an opportunity to be heard. We AFFIRM the conviction and sentence in all other respects.
ERVIN and BOOTH, JJ., concur. . The judgment lists the wrong offense, but cites the correct statute and the correct degree of felony.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Bizzard v. State, 668 So. 2d 331 (Fla. 1st DCA 1996)…ity for imposing $100 for costs of the crime laboratory trust fund. We therefore reverse Bizzard’s sentence and remand with directions to the court to make reference to the statute in its written order or delete the amount. Anderson v. State, [*332] 658 So. 2d 1231 (Fla. 1st DCA 1995); Wright v. State, 654 So. 2d 252 (Fla. 1st DCA 1995). AFFIRMED IN PART, REVERSED IN PART and REMANDED. ERVIN, MINER and WEBSTER, JJ., concur.…
-
Roberts v. State, 664 So. 2d 1133 (Fla. 1st DCA 1995)…portion of the written probation order imposing costs/fines totaling $680, without prejudice to the reim-position of these costs upon compliance with the proper procedures. See Bryant v. State, 661 So. 2d 1315 (Fla. 1st DCA 1995); Anderson v. State, 658 So. 2d 1231 (Fla. 1st DCA 1995); Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995); Bradshaw v. State, 638 So. 2d 1024 (Fla. 1st DCA 1994). In all other respects, the judgment and sentence of the trial court is affirmed. JOANOS, MICKLE and VAN NORTWICK, JJ.,…
-
Frazier v. State, 688 So. 2d 2 (Fla. 1st DCA 1997)…— So. 2d - [1996 WL 511535] (Fla. 1st DCA Sept. 11, 1996). To the extent that it represents a discretionary cost, it may be reimposed on remand, provided that appellant is afforded notice and an adequate opportunity to contest it. Anderson v. State, 658 So. 2d 1231 (Fla. 1st DCA 1995). AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions. WEBSTER, LAWRENCE and PADOVANO, JJ., concur.…
Authorities Cited
- Sutton v. State, 635 So. 2d 1032 (Fla. 2d DCA 1994)
- Specialty Ins. Underwriters Inc. v. Boyd, 604 So. 2d 13 (Fla. 4th DCA 1992)
- Williams v. State, 604 So. 2d 13 (Fla. 2d DCA 1992)