RUSSELL LEROY BROOKS, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that certain costs imposed without pronouncement at sentencing or statutory authority must be stricken, but may be reimposed following proper procedure.
Appellant was convicted of burglary and assessed costs and restitution. The state conceded certain costs were improperly imposed.…
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PER CURIAM.
Russell Leroy Brooks, Jr., appeals Ms conviction for burglary, alleging trial errors and errors in the costs and restitution wMch the court imposed. We affirm the conviction and imposition of restitution but strike certain costs.
The state concedes that the $2 cost for Criminal Justice Education pursuant to section 943.25(3), Florida Statutes (1993), was not pronounced at the sentencing hearing. We must strike this cost because it is discretionary, and the trial court should have pronounced it at sentencing. See Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995) (en banc). On remand, the trial court must provide Brooks with notice prior to reimposing this assessment.
The state also concedes that the $233 imposed as a cost/fine must be struck because the trial court did not pronounce this assessment at sentencing, and the judgment fails to provide statutory authority for this imposition. The trial court must give the statutory authority for this assessment. See Reyes. On remand, the trial court is permitted to provide the statutory authority for this assessment and to provide Brooks with notice prior to reimposing this assessment.
The conviction and imposition of restitution is affirmed. We strike the $2 cost and $233 cost/fine with directions to the trial court that each may be reimposed if it follows the statutory and notice provisions.
PARKER, A.C.J., and QUINCE and WHATLEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Smiley v. State, 704 So. 2d 191 (Fla. 1st DCA 1997)…rd as to what the costs represent. Spencer v. State, 650 So. 2d 228 (Fla. 1st DCA 1995); Bradshaw v. State, 638 So. 2d 1024 (Fla. 1st DCA 1994). If a cost is discretionary under a statute, it must be orally pronounced at sentencing. Brooks v. State, 672 So. 2d 828 (Fla. 2d DCA 1995). The lower tribunal imposed a lump sum of $1,500.00 in “court costs and fines” without delineating its statutory authority and what specifically this sum comprises. We must reverse the $1,500.00 for court costs and fines, without…
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Oliver v. State, 75 So. 3d 349 (Fla. 1st DCA 2011)…(Fla. 2d DCA 1995). On remand, the trial court may reimpose the assessments after providing Oliver notice and by following the proper procedure, which includes individually announcing each assessment and the authority for each. See Brooks v. State, 672 So. 2d 828, 829 (Fla. 2d DCA 1995). Section 784.045, Florida Statutes (2009), provides that a person may be convicted of aggravated battery, a second-degree felony, either by causing great bodily harm or by using a deadly weapon during the commission of the…
Authorities Cited
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)