JESSIE DEWITT LITTLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2007-12-14
No. 2D06-2522
ALTENBERND, CASANUEVA, and SALCINES, JJ., Concur.
969 So. 2d 1218 Florida District Court of Appeal, Second District (2007) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Jessie DeWitt Little appeals a judgment for seven criminal offenses and the sentences imposed thereon. The record on appeal included discrepancies regarding the sentences intended or imposed for counts six and seven. After notice to the parties, this court relinquished jurisdiction to the circuit court to permit the circuit court to clarify the sentences imposed. The circuit court entered an order clarifying the sentencing and directing certain changes to the sentencing documents. Mr. Little has not challenged this order, and the clarified sentences are legal and appropriate. On remand, to avoid any confusion about the sentences, the circuit court should enter amended sentencing documents consistent with the July 11, 2007, clarification order. Affirmed with instructions.

ALTENBERND, CASANUEVA, and SALCINES, JJ., Concur.


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  • Perdue v. State, 17 So. 3d 1283 (Fla. 2d DCA 2009)
    …on as to these claims. The State concedes the trial court erred by failing to orally pronounce the statutory authority for imposing the $525 fíne and surcharge pursuant to section 775.083, Florida Statutes (2006). We agree. See Masengale v. State, 969 So. 2d 1218, 1219 (Fla. 2d DCA 2007); Dadds v. State, 946 So. 2d 1129, 1130 (Fla. 2d DCA 2006). Likewise, the trial court erred by imposing the two $20 mandatory costs towards the Crime Stoppers Trust Fund. Section 938.06(1) authorizes the cost as “an additiona…
  • Bryant v. State, 47 So. 3d 952 (Fla. 2d DCA 2010)
    …onounced orally at sentencing. Dadds v. State, 946 So. 2d 1129, 1130 (Fla. 2d DCA 2006). We strike the $500 fine because the trial court failed to pronounce it orally. See Perdue v. State, 17 So. 3d 1283, 1283 (Fla. 2d DCA 2009); Masengale v. State, 969 So. 2d 1218, 1219 (Fla. 2d DCA 2007). The written judgment also includes an additional five percent surcharge on the $500 fine in the amount of $25, pursuant to section 938.04, Florida Statutes (2007). Because the $500 fine was not properly imposed, the $25 su…
  • Smith v. State, 33 So. 3d 124 (Fla. 2d DCA 2010)
    …costs included a $20 cost for the Crime Stoppers Trust Fund in accordance with section 938.06, Florida Statutes (2006). The $175 fine was a discretionary fine that should have been orally pronounced at sentencing but was not. See Masengale v. State, 969 So. 2d 1218, 1219 (Fla. 2d DCA 2007). Ms. Smith filed a motion to correct sentencing error in which she sought relief from both the $175 fine and the $20 surcharge under Masengale. The trial court ordered the State to respond but only directed the State’s atten…

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