LUCIOUS TIBBS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellate counsel filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), in this appeal, pointing out certain alleged errors in the imposition of costs, a public defender lien, and special conditions of probation. None of the alleged errors appear to have been objected to. Appellant filed a brief pro se raising points which do not require further discussion.
We AFFIRM the sentences without modification, as none of the errors asserted is fundamental. See Locke v. State, 719 So. 2d 1249 (Fla. 1st DCA 1998). See also Smith v. State, 723 So. 2d 872 (Fla. 1st DCA 1998), and Gaines v. State, 724 So. 2d 139 (Fla. 2d DCA 1998). We certify, as a matter of great public importance, the same issue which we certified in Locke:
DOES THE FAILURE OF THE TRIAL COURT TO ORALLY PRONOUNCE EACH STATUTORILY AUTHORIZED COST INDIVIDUALLY AT THE TIME OF SENTENCING CONSTITUTE FUNDAMENTAL ERROR?
JOANOS, WEBSTER and PADOVANO, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Maddox v. State, 760 So. 2d 89 (Fla. 2000)…A), review granted, 740 So. 2d 529 (Fla.1999) (Case No. 95,665) Departure Sentence Thomas v. State, 725 So. 2d 1148 (Fla. 2d DCA 1998), review granted, 729 So. 2d 396 (Fla.1999) (Case No. 94,469) Deviation From Oral Pronouncement Tibbs v. State, 745 So. 2d 1144 (Fla. 1st DCA 1999), review granted, No. SC00-10, 761 So. 2d 332 (Fla. Mar. 20, 2000) Costs Error and Deviation From Oral Pronouncement of Conditions of Probation Weiss v. State, 720 So. 2d 1113 (Fla. 3d DCA 1998), review granted, 729 So. 2d 396 (…
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Lucious Tibbs, III v. State, 760 So. 2d 144 (Fla. 2000)…ertifying the following question to be one of great public importance: DOES THE FAILURE OF THE TRIAL COURT TO ORALLY PRONOUNCE EACH STATUTORILY AUTHORIZED COST INDIVIDUALLY AT THE TIME OF SENTENCING CONSTITUTE FUNDAMENTAL ERROR? Tibbs v. State, 745 So. 2d 1144 (Fla. 1st DCA 1999). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons expressed in our opinion in Maddox v. State, 760 So. 2d 89 (Fla.2000), we answer the certified question in the negative. We approve the decision below and…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Am. Trailer Relocaters, Inc. v. ALL Coast Intermodal Servs., Inc., 719 So. 2d 1249 (Fla. 1st DCA 1998)
- Locke v. State, 719 So. 2d 1249 (Fla. 1st DCA 1998)
- Tucker v. State, 724 So. 2d 139 (Fla. 2d DCA 1998)
- Gaines v. State, 724 So. 2d 139 (Fla. 2d DCA 1998)
- Smith v. State, 723 So. 2d 872 (Fla. 1st DCA 1998)