JAMES H. GONSE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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James Gonse appeals his conviction and sentence for DUI and driving with a suspended license. The appellate court affirmed his convictions but reversed and remanded for resentencing due to mathematical errors in the sentencing scoresheet and improper imposition of costs.
The court reversed and remanded for resentencing because the State could not prove that Gonse's corrected sentence would be the same as the original 51.6-month sentence, as the correction would require adding points for legal status violation that lacked evidentiary support. The court also held that the trial court erred in imposing the public defender lien without proper documentation and without informing Gonse of his right to contest it, and erred in imposing investigative costs without proper documentation.
[1] A sentencing scoresheet containing mathematical errors apparent on the face of the record requires reversal and remand for resentencing.
[2] A court cannot assume that corrected sentencing errors would result in the same sentence if the record does not support the basis for the correction.
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Join FLexlaw to unlock all legal intelligence“the sentencing scoresheet contains mathematical errors apparent on the face of the record”
Establishes that errors in the scoresheet were clear and undisputed
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Join FLexlaw to unlock all legal intelligenceGonse was convicted of DUI and driving while license suspended or revoked. The trial court sentenced him on June 5, 1996, to 51.6 months in prison usi…
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PATTERSON, Acting Chief Judge.
James Gonse appeals from his judgment and sentence for DUI and driving while license suspended or revoked. We agree with Gonse that errors in sentencing require reversal and remand.
The trial court sentenced Gonse on June 5, 1996, to 51.6 months in prison, and as the State concedes, the sentencing scoresheet contains mathematical errors apparent on the face of the record. The State points out, however, that Gonse should have been scored nine points each, not six points each, for two prior felony DUI charges. The State contends that other errors on the scoresheet, if corrected, would allow the trial court to re-sentence Gonse to the same 51.6 month sentence, and therefore, the error is harmless.
The State’s argument, however, relies upon adding four points to the scoresheet for legal status violation. While the record does contain a reference to a violation of probation on Pinellas County charges, the record does not support the State’s contention that Gonse was on probation at the time of the current offenses, and the State did not make that argument at sentencing. Therefore, because we cannot conclude that Gonse’s corrected sentence would be the same as his current sentence, we reverse and remand for resentencing with a corrected scoresheet.
For purposes of remand, we note that the trial court erred in imposing certain costs. The trial court improperly imposed a $1,000 public defender lien without any indication of defense counsel’s hourly rate or time spent on the case. See Gilchrist v. State, 674 So. 2d 847 (Fla. 2d DCA 1996); Hankerson v. State, 464 So. 2d 700 (Fla. 2d DCA 1985). Second, the trial court failed to inform Gonse at sentencing, as Florida Rule of Criminal Procedure 3.720(d)(1) requires, “of the imposition of a lien pursuant to section 27.56, Florida Statutes” and of the defendant’s “right to a hearing to contest the amount of the lien.” See Smith v. State, 694 So. 2d 838, 839 (Fla. 2d DCA 1997).
In imposing investigative costs, the trial court merely stated, “eighty dollars to the Sheriffs Office.” To impose this cost on remand, the State must request it and document the amount. See Imhoff v. State, 673 So. 2d 94 (Fla. 2d DCA 1996); Golden v. State, 667 So. 2d 933 (Fla. 2d DCA 1996); § 939.01, Fla. Stat. (1995).
With respect to the $2 discretionary cost authorized by section 943.25(13), Florida Statutes (1995), the trial court must orally impose it at the sentencing hearing. See Reyes v. State, 655 So. 2d 111, 117 (Fla. 2d DCA 1995) (en banc).
Thus, we affirm Gonse’s convictions and reverse and remand for resentencing.
QUINCE and GREEN, JJ., concur.
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Citator
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Locke v. State, 719 So. 2d 1249 (Fla. 1st DCA 1998)…the dollar amount’ assessed.. The defendant must have an opportunity in open court to object to the imposition of these discretionary costs. Id. at 116 (footnote omitted). Reyes continues to be followed in the Second District. E.g., Gonse v. State, 713 So. 2d 1114 (Fla. 2d DCA 1998). It also continues to be followed by other districts, including this one. See, e.g., Dodson v. State, 710 So. 2d 159, 160 (Fla. 1st DCA 1998) (citing Reyes for the proposition that “[i]f a cost is discretionary under a statute, it…
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Ubertaccio v. State, 892 So. 2d 507 (Fla. 2d DCA 2004)…ty; (3) $12 cost imposed for “other,” which must be stricken pursuant to Reyes, 655 So. 2d 111, for lack of statutory authority or documentation; (4) $263 cost imposed for the cost of investigation, which must be stricken pursuant to Gonse v. State, 713 So. 2d 1114 (Fla. 2d DCA 1998), and Reyes, 655 So. 2d 111, for lack of documentation; and (5) $2 cost imposed pursuant to section 938.15, which must be stricken pursuant to Giles v. State, 779 So. 2d 546 (Fla. 2d DCA 2001), because it was not orally pronounced.…
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R.R. v. State, 956 So. 2d 557 (Fla. 5th DCA 2007)…So. 2d 86 (Fla. 2d DCA 1997); Hankerson v. State, 464 So. 2d 700 (Fla. 2d DCA 1985). This generally requires that the amount of the lien be established by applying a reasonable hourly rate to the time the attorney spent on the case. Gonse v. State, 713 So. 2d 1114, 1115 (Fla. 2d DCA 1998) (“The trial court improperly imposed a $1,000 public defender lien without any indication of defense counsel’s hourly rate or time spent on the case.”); Gilchrist v. State, 674 So. 2d 847, 848 (Fla. 2d DCA 1996) (“[T]he reco…
Previewing 3 of 4 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)
- Porter Hankerson v. State, 464 So. 2d 700 (Fla. 2d DCA 1985)
- Jacques F. Golden v. State, 667 So. 2d 933 (Fla. 2d DCA 1996)
- Gilchrist v. State, 674 So. 2d 847 (Fla. 2d DCA 1996)
- Vashaun Smith v. State, 694 So. 2d 838 (Fla. 2d DCA 1997)
- Imhoff v. State, 673 So. 2d 94 (Fla. 2d DCA 1996)