DEAN M. WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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.
The court held that a $1 cost for First Step was improperly imposed as it was not orally announced and lacked statutory citation, and a scrivener's error in the judgment must be corrected.
Dean Williams challenged costs imposed after a negotiated plea, preserving his objections via a motion under Florida Rule of Criminal Procedure 3.800(…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Anders Brief cases and more on FLexlaw
NORTHCUTT, Judge.
In this appeal, briefed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Dean Williams challenges certain costs imposed after a negotiated plea. Williams preserved his objections by filing a motion under Florida Rule of Criminal Procedure 3.800(b)(2). We affirm in part and reverse in part.
The trial court’s rule 3.800(b)(2) order struck a $3 cost for the teen court under section 938.19, Florida Statutes (2002), and the State has not challenged this ruling. But see Ayoub v. State, 901 So. 2d 311, 315 (Fla. 2d DCA 2005) (affirming teen court assessment). Therefore, the order on costs shall be amended to delete the teen court assessment.
We also reverse the imposition of a $1 cost for First Step. This cost was not orally announced, and it was imposed without any written citation to an authorizing statute. See Jackson v. State, 902 So. 2d 193 (Fla. 5th DCA 2005); see also Caton v. State, 862 So. 2d 901 (Fla. 2d DCA 2003).
Finally, we note a scrivener’s error in the judgment. Williams pleaded guilty to a third-degree felony, burglary of a conveyance. But the written judgment erroneously lists a violation of section 810.02(3), Florida Statutes (2003), which is a second-degree felony. On remand the judgment shall be corrected to reflect a violation of section 810.02(4), which is a third-degree felony.
Affirmed in part; reversed in part; remanded with directions.
SILBERMAN and VILLANTI, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Amer Khan Agard v. State, 942 So. 2d 923 (Fla. 2d DCA 2006)…ntly, the trial court orally granted Mr. Agard’s motion and directed the Department of Corrections to prepare a corrected order; the trial court never entered a written order. We reverse the imposition of the processing fee. See Williams v. State, 916 So. 2d 999, 1000 (Fla. 2d DCA 2005) (reversing imposition of $1 cost because not orally pronounced and imposed without [*924] any written citation to authorizing statute); Jackson v. State, 685 So. 2d 1386, 1387 (Fla. 5th DCA 1997) (vacating portions of probat…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Ayoub v. State, 901 So. 2d 311 (Fla. 2d DCA 2005)
- Caton v. State, 862 So. 2d 901 (Fla. 2d DCA 2003)
- Jackson v. State, 902 So. 2d 193 (Fla. 5th DCA 2005)