JEFFREY W. WILCOX, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that while the judgment and sentence are affirmed, certain costs imposed in the written order must be corrected to match the oral pronouncement or stricken if not properly awarded.
Appellant pleaded nolo contendere to kidnapping and sexual offenses. The written judgment and sentence included costs that differed from the oral pron…
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CAMPBELL, Acting Chief Judge.
In this Anders appeal, appellant, Jeffrey W. Wilcox, challenges his judgment and sentence following his nolo plea to a twelve-count information charging him with kidnapping and various sexual offenses. Upon review of the record, we find no error in acceptance of appellant’s plea or in sentencing. We, therefore, affirm the judgment and sentence. We do, however, find error in the imposition of certain costs.
A written order of judgment and sentence must not vary from its oral pronouncement. Wright v. State, 600 So. 2d 548 (Fla. 2d DCA 1992); Canale v. State, 543 So. 2d 806 (Fla. 2d DCA 1989). At the change of plea hearing, the court orally imposed $300.00 in court costs. The “Judgment for Fine and Costs,” however, reflects a total of $473.50 in costs imposed. On remand, this amount should be corrected to comport with the oral pronouncement.
Also listed on the written judgment was an award for costs of prosecution in the amount of $218.50. On remand, this cost should be stricken since it is a discretionary cost that was not orally pronounced at sentencing, nor was it specifically requested and documented on the record by the state pursuant to section 939.01, Florida Statutes (1993). See Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995).
Finally, the $5.00 cost assessed to the Criminal Justice Trust Fund should be reduced to $3.00 pursuant to section 943.23(3), Florida Statutes (1993). This is a mandatory cost which need not have been orally pronounced. Reyes.
Appellant’s judgment and sentence is affirmed, and the case is remanded for correction of the costs imposed as reflected above.
FRANK and BLUE, JJ., concur.
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D.L.B. v. State, 707 So. 2d 844 (Fla. 2d DCA 1998)…at appellant was adjudicated delinquent pursuant to a nolo plea. Finally, the written disposition order must be corrected to conform to the court’s oral announcement that the Crimes Compensation Trust Fund fine would be waived. See Wilcox v. State, 674 So. 2d 191 (Fla. 2d DCA 1996). FRANK and NORTHCUTT, JJ., concur.…
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Marinelli v. State, 706 So. 2d 1374 (Fla. 2d DCA 1998)…ed pursuant to section 939.01, Florida Statutes (1993), also must be stricken because these discretionary costs were not orally pronounced at sentencing, nor were they specifically requested by the State pursuant to the statute. See Wilcox v. State, 674 So. 2d 191, 191-92 (Fla. 2d DCA 1996); Reyes, 655 So. 2d at 118-19. On remand, the State may seek reimposition of these discretionary costs provided that proper procedures are followed. See Reyes, 655 So. 2d at 114. Finally, we note that the probation order c…
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Welch v. State, 724 So. 2d 651 (Fla. 2d DCA 1999)…Justice Education by Municipalities and Counties; and $200 in court costs). We therefore remand [*652] this case so that the amount imposed on the written judgment and sentence comports with the trial court’s oral pronouncement. See Wilcox v. State, 674 So. 2d 191 (Fla. 2d DCA 1996). The $2 cost is a discretionary cost that was not orally pronounced at sentencing. It is therefore stricken. See Harrison v. State, 698 So. 2d 379 (Fla. 2d DCA 1997). We also strike the $80 in investigative costs since the recor…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- Wright v. State, 600 So. 2d 548 (Fla. 2d DCA 1992)
- VLD Mgmt., Inc. v. Hyatt, 543 So. 2d 806 (Fla. 4th DCA 1989)