MATTHEW PATRICK UBERTACCIO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed aggravated battery conviction but struck improperly imposed costs totaling $327 for lack of statutory authority, documentation, or oral pronouncement.
Trial court improperly imposed five categories of costs lacking statutory authority, documentation, or oral pronouncement, which must be stricken on appeal.
[1] Costs imposed at sentencing must be stricken if they lack statutory authority, proper documentation, or oral pronouncement by the trial court.
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Join FLexlaw to unlock all legal intelligenceMatthew Patrick Ubertaccio was convicted of aggravated battery and sentenced with various costs imposed, including prosecution costs, administrative c…
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DAVIS, Judge.
In this Anders appeal, appellate counsel challenges Matthew Patrick Ubertaccio’s aggravated battery conviction and his sentence. Ubertaccio raises several pro se issues as well. We find merit only in Ubertaccio’s counsel’s argument that certain costs were improperly imposed and must be stricken. Ubertaccio properly preserved the costs issue by filing a motion to correct sentencing error. The trial court improperly imposed the following costs: (1) $25 cost of prosecution imposed pursuant to section 938.27, Florida Statutes (2003), which must be stricken pursuant to Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995), for lack of documentation; (2) $25 cost imposed pursuant to administrative order, which must be stricken pursuant to Reyes, 655 So. 2d 111, for lack of statutory authority; (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.
Having determined that the trial court improperly imposed the above costs, we strike those costs but otherwise affirm.
Affirmed; costs stricken.
WHATLEY and SALCINES, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Waller v. State, 911 So. 2d 226 (Fla. 2d DCA 2005)…atute to the extent that they have held that the $2 cost imposed pursuant to section 938.15 is a discretionary cost.2 See Parham v. State, 902 So. 2d 287 (Fla. 2d DCA 2005); Robinson v. State, 894 So. 2d 1084 (Fla. 2d DCA 2005); Ubertaccio v. State, 892 So. 2d 507 (Fla. 2d DCA 2004); Giles v. State, 779 So. 2d 546 (Fla. 2d DCA 2001). Pasco County has established a criminal justice education degree and training program that is funded by a mandatory $2 court cost assessed against every person convicted for viol…
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Parham v. State, 902 So. 2d 287 (Fla. 2d DCA 2005)…on 775.083. See Reyes v. State, 655 So. 2d 111, 115 (Fla. 2d DCA 1995). In addition, the trial court improperly imposed investigative costs of $100 and $30 without the requisite documentation. See § 938.27(1), Fla. Stat. (2003); Ubertaccio v. State, 892 So. 2d 507 (Fla. 2d DCA 2004). Accordingly, we strike the aforementioned costs in circuit court case numbers CRC043-00113 and CRC04-00962 but otherwise affirm Parham’s convictions and sentences. SALCINES and WALLACE, JJ,, Concur.…
Authorities Cited
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- Gonse v. State, 713 So. 2d 1114 (Fla. 2d DCA 1998)
- Giles v. State, 779 So. 2d 546 (Fla. 2d DCA 2001)