PATRICK TOLBERT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Patrick Tolbert appealed his sentences for three convictions of battery on a law enforcement officer, challenging the scoring of prior convictions and the imposition of certain costs. The court affirmed the sentences but struck prosecution and investigative costs that were imposed without proper statutory procedures.
The court held that challenges to plea voluntariness must be made through Rule 3.850 postconviction motions; that discretionary costs without oral announcement are waived if agreed to in a written plea agreement; and that prosecution and investigative costs cannot be imposed without a request and supporting documentation, as required by section 939.01, making such imposition an illegal sentence.
[1] Challenges to the voluntariness of a plea must be made by the timely filing of a motion for postconviction relief.
[2] A defendant waives any objection to the imposition of discretionary costs without oral announcement by agreeing to pay court costs as part of a written plea agreement.
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Join FLexlaw to unlock all legal intelligence“Challenges to the voluntariness of a plea must be made by the timely filing of a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850.”
Establishes the proper procedural mechanism for challenging plea voluntariness on appeal
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Join FLexlaw to unlock all legal intelligenceTolbert was convicted of three counts of battery on a law enforcement officer. At sentencing, the trial court scored certain prior convictions on the …
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PER CURIAM.
In this appeal, the defendant, Patrick Tolbert, raises two challenges to the sentences imposed for his three convictions of battery on a law enforcement officer. We find no merit to his claim that certain prior convictions should not have been scored on his sentencing guidelines seoresheet because they were based on allegedly involuntary pleas. Challenges to .the voluntariness of a plea must be made by the timely filing of a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850.
The defendant also asserts that two discretionary costs must be stricken because, even though the written sentence includes the proper statutory citations, the costs were not orally announced. However, the defendant agreed to pay court costs as part of his written plea agreement and, therefore, waived any objection to the imposition of discretionary costs without oral announcement. See Rodriguez v. State, 684 So. 2d 864, 865 (Fla. 2d DCA 1996); Spence v. State, 667 So. 2d 430, 431 (Fla. 2d DCA 1996).
Although not addressed by the parties, our review of the record reveals that the defendant was ordered to pay $110 for “pros-eeution/investigative” costs pursuant to section 939.01, Florida Statutes (1995). The State made no request for such costs, nor was there any documentation offered to support the assessment. The defendant’s agreement to pay statutory costs does not alleviate the trial court’s obligation to impose these costs in accordance with the procedures set forth in section 939.01. A trial court has no authority to impose prosecution and investigative costs absent a request and documentation. To do so constitutes an illegal sentence. See Bisson v. State, 696 So. 2d 504 (Fla. 5th DCA 1997); Mickler v. State, 682 So. 2d 607, 609 (Fla. 2d DCA 1996); Reyes v. State, 655 So. 2d 111, 119 (Fla. 2d DCA 1995) (en banc).
Accordingly, we affirm the judgment and sentence and strike the prosecution and investigative costs. These costs may be reimposed upon remand provided the requirements of section 939.01 are met. See Mickler, 682 So. 2d at 609-610.
DANAHY, A.C.J., and SCHOONOVER and FULMER, JJ., concur.
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Roan Peart v. State, 705 So. 2d 1059 (Fla. 3d DCA 1998)…try of the judgment.” Hallman, 371 So. 2d at 485. Coram nobis relief, therefore, is not the appropriate remedy. The proper remedy for the defendants to pursue is, instead, a motion for post-conviction relief pursuant to Rule 3.850. Tolbert v. State, 698 So. 2d 1288 (Fla. 2d DCA 1997); Scott v. State, 423 So. 2d 978 (Fla. 1st DCA 1982). As articulated in Richardson v. State, 546 So. 2d 1037 (Fla.1989), Rule 3.850 has supplanted the writ of error coram nobis. We are unpersuaded by the defendants’ argument that…
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Patterson v. State, 796 So. 2d 572 (Fla. 2d DCA 2001)…use the trial court’s compliance with the provisions of section 939.18(l)(b), particularly when the findings required by section 939.18(l)(b) are for the protection of third parties who may be owed restitution or child support. Cf. Tolbert v. State, 698 So. 2d 1288 (Fla. 2d DCA 1997) (holding trial court must comply with procedures in imposing discretionary costs pursuant to section 939.01, Florida Statutes (1995), notwithstanding plea agreement purporting to waive objections to costs). We reverse this portion…1 / 2
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Wyatt v. State, 708 So. 2d 655 (Fla. 2d DCA 1998)…ity. Since the $2.00 cost imposed in this case was not orally pronounced, it must be stricken. The investigative cost must also be stricken because there was no request for the fee and no documentation was offered by the State. See Tolbert v. State, 698 So. 2d 1288 (Fla. 2d DCA 1997). The public defender lien is stricken because the defendant was not given notice and an opportunity to be heard on the amount. See Washington v. State, 685 So. 2d 858 (Fla. 2d DCA 1996). These costs and fees are stricken without p…
Previewing 3 of 5 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)
- Mickler v. State, 682 So. 2d 607 (Fla. 2d DCA 1996)
- Bisson v. State, 696 So. 2d 504 (Fla. 5th DCA 1997)
- Rodriguez v. State, 684 So. 2d 864 (Fla. 2d DCA 1996)
- Spence v. State, 667 So. 2d 430 (Fla. 2d DCA 1996)