RONNIE RIVERS, JR., 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.
Ronnie Rivers, Jr. pleaded no contest to sale of cocaine and received ten years' probation with one year county jail time. On appeal, the court affirmed the conviction but struck certain costs and a fine that were improperly imposed, while permitting the trial court to reimpose some upon remand.
The court affirmed the conviction but struck the $200 cost imposed under section 27.3455(1) because it was not made part of the plea agreement as required by statute. The court also struck a $2 cost for improper statutory citation and a $300 fine imposed under the wrong statute, but permitted the trial court to reimpose the fine if the citation was a scrivener's error and the court intended to cite section 775.083.
[1] A court cost mandated by statute for a felony conviction must be included in the plea agreement if the agreement is silent on the matter of costs.
[2] A discretionary court cost may be stricken if the court fails to pronounce its imposition orally.
Previewing 2 of 4 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 27.3455(2), Florida Statutes (1993), provides that a court cost imposed pursuant to subsection (1) shall be made a part of the plea agreement. Because this plea agreement was silent as to the payment of costs, we strike this cost.”
Establishes the requirement that mandatory court costs must be included in the plea agreement
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceRivers pleaded no contest to sale of cocaine in exchange for the state dropping a possession with intent to sell charge. He received a sentence of ten…
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 Mandatory Court Costs cases and more on FLexlaw
PER CURIAM.
Ronnie Rivers, Jr., pleaded no contest to sale of cocaine in return for the state’s agreement to drop a charge of possession of cocaine with intent to sell. Rivers received a sentence of ten years’ probation with one year in the county jail as' a condition of probation. Counsel for Rivers has filed this appeal pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We affirm the conviction. We, however, strike two costs and one fine which the court imposed. The teal court imposed additional court costs in the amount of $410 pursuant to section 27.3455(1), Florida Statutes (1993). Section 27.3455(1) mandates that the court impose a cost of $200 in a case involving one or more felonies. Section 27.3455(2), Florida Statutes (1993), provides that a court cost imposed pursuant to subsection (1) shall be made a part of the plea agreement. Because this plea agreement was silent as to the payment of costs, we strike this cost. See Skitka v. State, 627 So. 2d 589 (Fla. 2d DCA 1993).
The trial court imposed a $2 cost pursuant to section 943.25(8), Florida Statutes (1993). Subsection (8), which addresses the use of criminal justice trust funds for planning and construction of schools, clearly does not apply; it appears that subsection (13) is the correct statutory authority. Further, the court did not pronounce the imposition of this discretionary cost. We strike this cost because of citation to the wrong subsection of the statute. See Morran v. State, 662 So. 2d 1339 (Fla. 2d DCA 1995).
The court orally pronounced a $300 fine, and the judgment states the statutory authority for this fine as section 775.0835, Florida Statutes (1993). It is improper to impose a fine under this section when the felony did not result in the injury or death of another person. Morran, 662 So. 2d at 1339. Morran, however, permits the trial court to reimpose the fine if the statutory citation was a scrivener’s error and the teal court intended to impose the fine under section 775.083, Florida Statutes (1993).
We affirm the conviction. We strike the $200 cost. We also strike the $2 cost and the $300 fine addressed in this opinion, but the trial court may reimpose them upon remand.
RYDER, A.C.J., and PARKER and LAZZARA, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Darcy Robinson v. State, 691 So. 2d 58 (Fla. 4th DCA 1997)…PER CURIAM. We affirm appellant’s conviction and sentence in all respects save the imposition of $200 in trust fund court costs, which we sua sponte strike. See Rivers v. State, 680 So. 2d 495 (Fla. 2d DCA 1996). GUNTHER, C.J., and GLICKSTEIN and WARNER, JJ., concur.…
-
Davis v. State, 700 So. 2d 92 (Fla. 2d DCA 1997)…because it was not pro [*93] nounced at sentencing. See Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995). Finally, in Case No. 95-3023A1-XX, we strike the $200 costs because that assessment was not part of the plea agreement. See Rivers v. State, 680 So. 2d 495 (Fla. 2d DCA 1996). Affirmed; certain conditions of probation and costs are stricken. CAMPBELL, A.C.J., and PATTERSON, J., concur.…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Morran v. State, 662 So. 2d 1339 (Fla. 2d DCA 1995)
- The Adoption Ctr., Inc. v. Marshall, 627 So. 2d 589 (Fla. 5th DCA 1993)