CHRISTOPHER SNOWDEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Christopher Snowden appealed his cocaine possession conviction, challenging his judgment and sentence. The appellate court affirmed his conviction but reversed and remanded certain sentencing components—including improperly assessed court costs, attorney's fees imposed without notice, and a probation condition not orally pronounced—requiring the trial court to correct these errors on remand.
The court affirmed the conviction and sentence on the merits but reversed and remanded: (1) the $265 court cost assessment for lack of statutory authority; (2) the $450 in additional court costs where only $200 was statutorily authorized; (3) the $300 attorney's fee because the defendant was not given notice and an opportunity to be heard; and (4) the random drug/alcohol testing probation condition because it was not orally pronounced at sentencing.
[1] A court order imposing costs must cite specific statutory authority for each cost assessed.
[2] A court order imposing costs must be reversed and remanded for reference to applicable statutes or deletion of unsupported costs when no specific statutory authority is c…
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Join FLexlaw to unlock all legal intelligence“where order does not point to specific statutory authority allowing for recovery of costs in criminal case, order must be reversed and remanded for reference to applicable statute or deletion of unsupported cost”
Establishes the requirement that court costs assessments must cite specific statutory authority
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Join FLexlaw to unlock all legal intelligenceChristopher Snowden was convicted of possession of cocaine. The trial court imposed a judgment and sentence that included $265 in "court costs," $450 …
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PER CURIAM.
Christopher Snowden (Snowden) challenges his judgment and sentence for possession of cocaine. His appellate counsel filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). After reviewing the record, we agree with his counsel that there are no meritorious issues for appeal except for some errors in the written sentencing documents.
First, we reverse and remand the $265 the trial court assessed for “court costs” as no specific statutory authority for its imposition is cited in the written order. McCray v. State, 665 So. 2d 384 (Fla. 1st DCA 1996)(where order does not point to specific statutory authority allowing for recovery of costs in criminal case, order must be reversed and remanded for reference to applicable statute or deletion of unsupported cost). Although the written judgment cites section 943.25(3), Florida Statutes (1993), that particular section merely mandates that three dollars be collected for the Criminal Justice Trust Fund. For the same reason, we reverse and remand the $450 in court costs imposed pursuant to section 27.3455(1), Florida Statutes (1993). Section 27.3455(1) requires a defendant convicted of a felony to pay $200 in court costs. Thus, there is no cited authority for the remaining $250 imposed pursuant to this particular section. We vacate these fees without prejudice to their reimposition upon citation to pertinent statutory authority and upon full compliance with the procedures set forth in Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)(en banc).
Secondly, the trial court erred in assessing $300 for the services of his public defender where it failed to give Snowden notice of the right to a hearing to contest the amount imposed. Baucham v. State, 676 So. 2d 53 (Fla. 1st DCA 1996); Kirby v. State, 658 So. 2d 1232 (Fla. 1st DCA 1995). We, therefore, strike the attorney’s fee imposed. On remand, the attorney’s fees may be reimposed after Snowden is given notice and an opportunity to be heard on the amount of the fee.
Finally, we reverse the special condition of probation that Snowden submit to random urinalysis, breathalyzer, or blood tests, as this condition was not orally announced at the sentencing hearing. Justice v. State, 674 So. 2d 123 (Fla.l996)(where special probationary condition was not orally pronounced at sentencing hearing but later appeared in written sentence, such condition must be stricken and cannot be reimposed on resentencing).
Accordingly, we reverse and remand the written sentencing order for proceedings consistent herein. Snowden’s judgment of conviction and sentence is affirmed in all other respects.
We accordingly affirm in part, reverse in part, and remand for consistent proceedings.
WEBSTER, MICKLE and LAWRENCE, JJ., concur.
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Citator
Cited By
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Clavelle v. State, 80 So. 3d 456 (Fla. 1st DCA 2012)…d on this charge, as required under section 938.29(5). This assessment was therefore premature, and on remand the appellant should be given an opportunity to contest this charge. See Vick v. State, 37 So. 3d 951 (Fla. 2d DCA 2010); Snowden v. State, 685 So. 2d 974 (Fla. 1st DCA 1996). The court also imposed a $50 assessment for the Crimes Compensation Trust Fund, and a $3 assessment for an Additional Court Cost Clearing Trust Fund, with the court citing sections 938.93 and 938.010, Florida Statutes. Those ci…
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Mitchell v. State, 789 So. 2d 1043 (Fla. 1st DCA 2001)…2d 1237 (Fla. 1st DCA 1996); Ch. 96-530, § 1, at 246-247, Laws of Fla. Also, we strike the $300 public defender fee because the trial court neglected to notify the appellant of his right to a hearing to contest the amount imposed. Snowden v. State, 685 So. 2d 974, 975 (Fla. 1st DCA 1996). On remand, the fee may be reimposed after the appellant is provided notice and an opportunity to be heard on the fee’s amount. Id. Furthermore, the $2,200 restitution award is reversed because it was not supported by eviden…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- Justice v. State, 674 So. 2d 123 (Fla. 1996)
- Thelonious W. Kirby v. State, 658 So. 2d 1232 (Fla. 1st DCA 1995)
- McCRAY v. State, 665 So. 2d 384 (Fla. 1st DCA 1996)
- Baucham v. State, 676 So. 2d 53 (Fla. 1st DCA 1996)