ENRIQUE GONZALEZ, JR., APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2004-08-11
No. 3D02-2708
Before COPE, GREEN and SHEVIN, JJ.
879 So. 2d 1261 Florida District Court of Appeal, Third District (2004) Positive Treatment
Cited by 12 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the defendant’s convictions. See State v. DiGuilio, 491 So. 2d 1129, 1139 (Fla.1986); White v. State, 330 So. 2d 3 (Fla.1976). This affirmance is without prejudice to defendant raising any ineffective assistance of trial counsel claims in a post-conviction relief motion. We reverse the sentence, however, and remand for a new sentencing proceeding. The general sentence imposed is error. Defendant must be sentenced separately for counts one through four. Brazley v. State, 871 So. 2d 986 (Fla. 3d DCA 2004). We 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.


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  • Hayes v. State, 94 So. 3d 452 (Fla. 2012)
    …forcement to be a valid and facially neutral reason for the exercise of a peremptory challenge. See, e.g., Simmons, 940 So. 2d at 583 (recognizing that a juror’s spouse being a law enforcement officer was race-neutral on its face); Russell v. State, 879 So. 2d 1261, 1263 (Fla. 3d DCA 2004) (stating that a potential juror having a relative in law enforcement “has been repeatedly found to be a valid, race neutral or gender neutral reason for a peremptory strike”); Chambers v. State, 682 So. 2d 615, 615 (Fla. 4th…
  • Whitby v. State, 933 So. 2d 557 (Fla. 3d DCA 2006)
    …4th DCA 2005); Despio v. State, 895 So. 2d 1124 (Fla. 3d DCA 2005); Wallace v. State, 889 So. 2d 928 (Fla. 4th DCA 2004); Thomas v. State, 885 So. 2d 968 (Fla. 4th DCA 2004); Stephens v. State, 884 So. 2d 1071 (Fla. 5th DCA 2004); Russell v. State, 879 So. 2d 1261 (Fla. 3d DCA 2004); Alsopp v. State, 855 So. 2d 695 (Fla. 3d DCA 2003); Douglas v. State, 841 So. 2d 697 (Fla. 3d DCA 2003); Murray v. Haley, 833 So. 2d 877 (Fla. 1st DCA 2003); Daniels v. State, 837 So. 2d 1008 (Fla. 3d DCA 2002); Fleming v. State,…
  • State v. Whitby, 975 So. 2d 1124 (Fla. 2008)
    …f the facts” and rejecting State’s argument "that prosecutor's use of a peremptory challenge was not pretextual”); Thomas v. State, 885 So. 2d 968 (Fla. 4th DCA 2004) (reversing because State’s race-neutral reason was not genuine); Russell v. State, 879 So. 2d 1261, 1262 (Fla. 3d DCA 2004) (reversing because the trial court incorrectly rejected the defense's facially-neutral reason and failed to assess the “genuineness of the proffered reason”); Douglas v. State, 841 So. 2d 697, 698 (Fla. 3d DCA 2003) (reversi…

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