PEDRO QUIROGA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed convictions for unauthorized driver's license possession, DUI, and driving with suspended license, and remanded for entry of amended judgment striking discretionary court costs not orally pronounced or considered for financial ability to pay.
Denial of motion to dismiss the unauthorized possession of driver's license count was proper, and discretionary court costs must be struck when the trial court fails to orally pronounce or consider the defendant's financial ability to pay.
[1] Discretionary court costs must be struck when the trial court fails to orally pronounce or consider the defendant's financial ability to pay such costs.
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Join FLexlaw to unlock all legal intelligenceQuiroga was convicted of unauthorized possession of a driver's license, driving under the influence, and driving while license suspended. The trial co…
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KELLY, Judge.
In this appeal brought pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), counsel for Pablo Quiroga challenges Quiroga’s convictions and sentences for unauthorized possession of a driver’s license (count one), driving under the influence (count two), and driving while license suspended (count three). Quiroga entered no contest pleas reserving his right to appeal the denial of his motion to dismiss count one. We have reviewed the record and conclude that denial of Quiroga’s motion to dismiss was proper. Because Quiroga failed to raise any other dispositive issue on appeal, we affirm his convictions. See Leonard v. State, 760 So. 2d 114 (Fla.2000).
While this appeal was pending, Quiroga timely filed a motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2) requesting that the trial court strike the $65 cost assessed for court facilities and the $50 cost for “crime prevention” because the court failed to orally pronounce or consider his financial ability to pay these discretionary costs. See § 939.18(l)(b), Fla. Stat. (2003). The trial court agreed and entered an order striking both costs. However, an amended judgment and sentence reflecting this order was not filed. We therefore remand for entry of an amended judgment and sentence in accordance with the trial court’s order. See Weinheimer v. State, 829 So. 2d 338 (Fla. 2d DCA 2002).
Affirmed; remanded with directions.
STRINGER and WALLACE, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Leonard v. State, 760 So. 2d 114 (Fla. 2000)
- Webb v. State, 829 So. 2d 338 (Fla. 2d DCA 2002)
- Ward David Weinheimer v. State, 829 So. 2d 338 (Fla. 2d DCA 2002)