MICHELLE PARHAM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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WHATLEY, Judge.
In this appeal filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we find merit only in appellate counsel’s argument that the trial court erred in denying the motion to correct sentencing error filed pursuant to Florida Rule ' of Criminal Procedure 3.800(b)(2).
The trial court improperly imposed the following discretionary costs without oral pronouncement and citation of authority in the two cases referenced by Parham’s rule 3.800(b)(2) motion: $2.00 for the Criminal Justice Education by Municipalities and Counties pursuant to section 938.15, Florida Statutes (2003); a $150 court facility fee pursuant to section 939.18; and a $22 fine pursuant to section 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.
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Citator
Cited By
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Waller v. State, 911 So. 2d 226 (Fla. 2d DCA 2005)…by the appropriate local government.1 We therefore recede from all cases issued by this court under the new statute 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 an…
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Bond v. State, 931 So. 2d 1043 (Fla. 3d DCA 2006)…endant filed a motion under both case numbers for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.800, which was denied by the trial court on March 8, 2005, and affirmed on appeal by this court on May 25, 2005. Bond v. State, 902 So. 2d 287 (Fla. 3d DCA 2005). On November 18, 2005, the defendant filed the instant 3.850 motion for postcon-viction relief under both ease numbers, alleging various claims of ineffective assistance of counsel. As this is the defendant’s third 3.850 motion i…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- Ubertaccio v. State, 892 So. 2d 507 (Fla. 2d DCA 2004)