JAMES A. CARDI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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James Cardi appeals his conviction for attempted purchase of cocaine. The court affirms the conviction but remands to correct the judgment to reference both the specific cocaine statute and the general attempt statute, and to strike several sentencing conditions and costs that were not orally pronounced at sentencing.
The conviction is affirmed, but the judgment must be amended to reference both sections 893.13 and 777.04. Several conditions of community control that were not orally pronounced (weapon restriction, intoxicant prohibition, drug testing payment requirement, and daily activity log) must be struck. The condition requiring payment of court costs as part of community control must be struck because court costs were expressly stated not to be a condition of community control. Discretionary costs not individually announced must be struck without prejudice to the state to seek reimposition with proper notice.
[1] A court may not impose a cost of prosecution without sufficient findings in the record to justify the amount awarded.
[2] A discretionary operating trust fund cost must be reversed if the record lacks sufficient justification.
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“The trial court entered the conviction solely under section 893.13, Florida Statutes (1993). The judgment should also include reference to the general attempt statute, section 777.04, Florida Statutes (1993).”
Establishes that convictions for attempted purchase of cocaine must cite both the specific statute and the general attempt statute.
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Join FLexlaw to unlock all legal intelligenceCardi was convicted of attempted purchase of cocaine. The trial court imposed a sentence that included community control with various conditions and c…
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THREADGILL, Chief Judge.
James A. Cardi appeals his judgment and sentence for attempted purchase of cocaine. The trial court entered the conviction solely under section 893.13, Florida Statutes (1993). The judgment should also include reference to the general attempt statute, section 777.04, Florida Statutes (1993). See Vinyard v. State, 586 So. 2d 1301 (Fla. 2d DCA 1991). We affirm the judgment, but remand for correction of the judgment to reflect conviction under both sections 893.13 and 777.04.
Cardi also challenges several conditions of community control and court costs that were imposed but not orally pronounced at sentencing. We strike the following conditions of community control on the ground they were not orally pronounced: the second sentence of condition four which states, “[y]ou will not possess, carry, or own any weapons without first procuring the consent of your officer;” the portion of condition seven that states, “[y]ou will not use intoxicants to excess;” and the portion of condition fifteen that requires the appellant to pay for alcohol and drug testing. Malone v. State, 652 So. 2d 902 (Fla. 2d DCA 1995). We also strike condition sixteen, which requires Cardi to maintain a daily log of activities, because it was not orally pronounced at sentencing. Vinyard v. State, 586 So. 2d 1301, 1303 (Fla. 2d DCA 1991).
At sentencing, the trial court advised Car-di of the amount of court costs to be imposed. The trial court then stated, “[i]t will not be a condition of your probation or community control or anything like that.” Condition thirteen, however, requires Cardi to pay court costs as a condition of community control. We therefore remand for condition thirteen to be stricken so the order of community control will conform to the oral pronouncement.
Finally, Cardi challenges the imposition of a $2.00 cost pursuant to section 943.25(13), Florida Statutes (1993), and a $71.69 cost pursuant to section 939.01, Florida Statutes (1993). These costs are discretionary costs which must be individually announced in a manner sufficient for the defendant to know the legal basis for the cost imposed. Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995). Because these costs were not individually announced at sentencing, we strike these costs without prejudice to the state to seek reimposition upon proper notice.
Affirmed; remanded for correction of judgment and sentence.
BLUE and WHATLEY, JJ, concur.
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Citator
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Williams v. State, 711 So. 2d 1304 (Fla. 2d DCA 1998)…rafficking in cocaine. The judgment, however, recites only the trafficking statute, section 893.135, Florida Statutes (1995). The judgment should also refer to the general attempt statute, section 777.04, Florida Statutes (1995). See Cardi v. State, 685 So. 2d 842 (Fla. 2d DCA 1995). Therefore, this case is remanded for the correction of the judgment to include the general attempt statute. Williams’ presence is not required for this task. Remanded for correction of the judgment. FULMER and GREEN, JJ., con…
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United States v. Conage, 976 F.3d 1244 (11th Cir. 2020)…ansaction at all. 29 Case: 17-13975 Date Filed: 09/30/2020 Page: 30 of 41 Some Florida cases do involve a conviction for the attempted purchase of illegal drugs. See, e.g., Foster v. State, 160 So. 3d 948, 950 (Fla. 5th DCA 2015); Cardi v. State, 685 So. 2d 842, 843 (Fla. 2d DCA 1995). But those cases do not discuss the elements of attempted purchase, which discussion might provide some enlightenment as to the elements of a completed purchase offense. Specifically, if a purchase conviction requires a compl…
Authorities Cited
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- Guinn v. State, 652 So. 2d 902 (Fla. 2d DCA 1995)
- Vinyard v. State, 586 So. 2d 1301 (Fla. 2d DCA 1991)