SHAWN MICHAEL HUESCA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2003-03-28
No. 2D01-5285
WHATLEY and STRINGER, JJ., Concur.
841 So. 2d 585 Florida District Court of Appeal, Second District (2003) Positive Treatment
Cited by 9 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Shawn Michael Huesca appealed his conviction for unlawful manufacture of marijuana, challenging the denial of his motion to suppress and the sentencing conditions imposed. The court affirmed the conviction and suppression ruling but reversed the trial court's improper license revocation and discretionary cost assessment, remanding for further proceedings on costs.


Holding

The court affirmed that exigent circumstances justified the warrantless search and upheld the conviction. However, the court held that unlawful manufacture of marijuana is not an enumerated offense under section 322.055(1), so the license revocation order was improper. The court also held that the trial court erred in imposing discretionary costs without orally announcing them or considering Huesca's financial resources.


Headnotes

[1] Exigent circumstances can justify a warrantless entry into a home.

[2] A court cannot direct the revocation of a driver's license for an offense not enumerated in the statute governing license revocation upon conviction for controlled substa…

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Key Quotes

“The unlawful manufacture of marijuana is not one of the enumerated offenses contained in the statute. Therefore, the trial court erred when it ordered the Department of Highway Safety and Motor Vehicles to revoke Huesca's license.”

Establishes that the trial court improperly applied section 322.055(1) to manufacturing charges since the statute does not enumerate this offense.

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Facts & Procedural History

Huesca was charged with unlawful manufacture of marijuana. Police officers entered his home and conducted a search. The trial court found exigent circ…

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Opinion of the Court
COVINGTON, Judge.

COVINGTON, Judge.

Shawn Michael Huesca, charged with one count of unlawful manufacture of marijuana, challenges his judgment and sentence. After the trial court denied his dispositive motion to suppress, Huesca pleaded no contest while reserving the right to appeal the denial. While we affirm Huesca’s conviction, we find merit in his arguments concerning the sentence rendered.

On appeal, Huesca raises three issues. First, he argues that the trial court erred in denying his motion to suppress. Huesca contends that the police officers unlawfully entered his home without a warrant. The trial court found that exigent circumstances permitted the search; we agree and affirm the trial court’s order denying the motion to suppress.

Huesca next submits that the trial court improperly directed the Department of Highway Safety and Motor Vehicles to revoke his license pursuant to section 322.055(1), Florida Statutes (2001). Section 322.055(1) provides, in part, that:

[Ujpon the conviction of a person 18 years of age or older for possession or sale of, trafficking in, or conspiracy to possess, sell, or traffic in a controlled substance, the court shall direct the department to revoke the driver’s license or driving privilege of the person. The period of such revocation shall be 2 years....

The unlawful manufacture of marijuana is not one of the enumerated offenses contained in the statute.1 Therefore, the trial court erred when it ordered the Department of Highway Safety and Motor Vehicles to revoke Huesca’s license. See Lee v. State, 673 So. 2d 990 (Fla. 4th DCA 1996).

Finally, Huesca argues that the trial court improperly imposed discretionary costs pursuant to section 939.18(l)(b), Florida Statues (2001). This court previously has held that “the [trial] court is obligated to consider the defendant’s financial resources and other factors in making the decision to assess ... costs.” Edwards v. State, 814 So. 2d 1197, 1198 (Fla. 2d DCA 2002) (citing Reyes v. State, 655 So. 2d 111, 119 (Fla. 2d DCA 1995)). The trial court also is required to orally announce the imposition of discretionary costs. Id.

Here, the record reveals that the trial court failed to orally announce the imposition of costs. Additionally, the record fails to reflect that the trial court considered Huesca’s financial resources in its decision to assess costs. Therefore, we strike that condition of probation and remand for further proceedings. On remand, the trial court may assess discretionary costs if it orally announces the imposition of costs and if it properly considers Huesca’s financial resources.

Thus, we affirm Huesca’s judgment and strike the probation provision directing the Department of Highway Safety and Motor Vehicles to revoke his license for two years. We also strike the probation condition imposing discretionary costs and remand for further proceedings consistent with this opinion.

Affirmed in part, reversed in part, and remanded.

WHATLEY and STRINGER, JJ., Concur. . Although we are bound by the statute’s plain language, we take this opportunity to comment on the statute's effect in cases such as this one. Included within the statute are the offenses of possession and trafficking, yet the parallel offense of manufacturing is not included. Thus, Huesca's conviction for manufacturing, which is arguably more severe than possession, is not within the statute’s ambit. The legislature may want to reexamine the statute and address this disparity.


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Citator

Cited By

  • Freddrick Lee Cook v. State, 896 So. 2d 870 (Fla. 2d DCA 2005)
    …this court stated: “This court has held that ‘the court is obligated to consider the defendant’s financial resources and other factors in making the decision to assess ... costs.’ ” This lan [*873] guage from Edwards was repeated in Huesca v. State, 841 So. 2d 585, 586 (Fla. 2d DCA 2003). . In both cases, the discretionary costs at issue were imposed pursuant to section 939.18(1), Florida Statutes (2001), which specifically requires a finding of ability to pay. In addition, in both cases the trial court had n…
  • Gonzalez v. State, 879 So. 2d 1261 (Fla. 3d DCA 2004)
    …e also reverse the imposition of discretionary court costs. The record demonstrates that the court did not orally announce the imposition of costs, nor did it consider defendant’s financial resources in its decision to assess costs. Huesca v. State, 841 So. 2d 585 (Fla. 2d DCA 2003). Convictions affirmed; sentence reversed; and cause remanded for further consistent proceedings.…
  • McLEAN v. State, 870 So. 2d 50 (Fla. 2d DCA 2003)
    …ally announce the imposition of the discretionary cost assessed against McLean. In deciding whether to assess the discretionary cost, a court is to consider the financial resources of the defendant as well as other relevant factors. Huesca v. State, 841 So. 2d 585, 586 (Fla. 2d DCA 2003); Edwards v. State, 814 So. 2d 1197, 1198 (Fla. 2d DCA 2002). Trial courts also are obligated “to orally announce the imposition of discretionary costs.” Huesca, 841 So. 2d at 586. Thus, it was improper for the trial court t…

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