MARCUS WILLIAM BASSETT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Marcus Bassett appealed his no-contest plea conviction for manslaughter and the resulting sentence of five years' prison followed by five years' probation. The court affirmed his conviction and sentence but remanded for correcting errors in the imposed costs and associated court orders.
The court affirmed Bassett's conviction and sentence but remanded for correction of errors regarding the costs imposed and entry of necessary amended orders. The trial court must strike costs that were not originally imposed and enter an amended costs order, amended judgment and sentence, and amended probation order reflecting the correct costs.
[1] A court may affirm a conviction and sentence while remanding for correction of sentencing errors related to the imposition or reflection of costs and fees.
[2] A trial court's failure to enter amended orders accurately reflecting stricken or imposed costs and fees constitutes an error that can be corrected on remand.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Although an amended judgment and sentence was entered reflecting the stricken costs, neither an amended costs order nor an amended order of probation appears in the record.”
Establishes the procedural defect that necessitated remand—missing amended orders despite the trial court's corrective actions.
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Join FLexlaw to unlock all legal intelligenceBassett pleaded no contest to manslaughter and was sentenced to five years' prison followed by five years' probation, with orders to pay certain costs…
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Marcus William Bassett challenges the conviction and sentence entered after he pleaded no contest to manslaughter. We affirm the August 10, 2007, judgment and sentence without comment. However, the State properly has conceded error related to the imposition of certain costs and the lack of properly entered orders accurately reflecting those costs. Accordingly, we remand for the limited purpose of correcting those errors.
Bassett was sentenced to five years’ prison to be followed by five years’ probation. As part of his sentence he was ordered to pay certain costs and fees. While this appeal was pending, Bassett filed a motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b) seeking to challenge the imposition of certain costs and fees that were imposed. The trial court partially granted this motion, struck four of the originally imposed costs, and ordered the clerk of the circuit court to prepare an amended judgment and sentence.
Although an amended judgment and sentence was entered reflecting the stricken costs, neither an amended costs order nor an amended order of probation appears in the record. Accordingly, Bassett filed a second rule 3.800(b) motion arguing that based on the originally granted rule 3.800(b) motion, the trial court should have filed an amended costs order, an amended final judgment and sentence, and an amended order of probation. The trial court subsequently entered an amended final judgment and sentence reflecting the changes in costs previously ordered by the trial court and additionally ordered the clerk to file an amended order of probation.
The record reflects neither the entry of an amended costs order nor the entry of an amended order of probation. Additionally, the amended costs reflected within the judgment and sentence added additional costs that were not originally imposed. The State has properly conceded error. See Redilla v. State, 929 So.2d 613, 613-14 (Fla. 2d DCA 2006) (remanding for entry of amended probation order to reflect *237amended costs and for the striking of costs that were not originally imposed). Accordingly, we affirm Bassett’s judgment and sentence but remand for correction of the errors identified in this opinion regarding the amended costs and the entry of the necessary orders reflecting such. On remand, the trial court should strike the costs that were not originally imposed and enter an amended costs order, an amended judgment and sentence, and an amended order of probation reflecting the correct costs. See Owens v. State, 1 So.3d 405 (Fla. 2d DCA 2009); Redilla, 929 So.2d at 614.
Affirmed; remanded with directions.
KELLY and CRENSHAW, JJ., Concur.
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Advisory Opinion to the Governor Re: Implementation of Amendment 4, 288 So. 3d 1070 (Fla. 2020)…nts.”); Rollman v. State, 887 So. 2d 1233, 1234 (Fla. 2004) (“[T]he same sentencing judge pronounced Rollman’s sentence, which imposed ten years in prison, ten years of probation, and the payment of restitution and court costs.”); Bassett v. State, 23 So. 3d 236, 236 (Fla. 2d DCA 2009) (“Bassett was sentenced to five years’ prison to be followed by five years’ probation. As part of his sentence he was ordered to pay certain costs and fees.”); § 27.52(1)(b)1., Fla. Stat. (2019) (authorizing the court to “[a]…
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Hull v. State, 298 So. 3d 90 (Fla. 2d DCA 2022)…nal terms but also obligations and therefore includes all [legal financial obligations] imposed in conjunction with an adjudication of guilt," and "costs . . . fit within the ordinary meaning of 'all terms of sentence' "); see also Bassett v. State, 23 So. 3d 236, And what the text says is what the law is, regardless of what future judges or legislators think it should have said. The recently amended version of the registration requirement of section 943.0435 can, however, be applied to defendants convicted…
Authorities Cited
- Owens v. State, 1 So. 3d 405 (Fla. 2d DCA 2009)
- Smith v. Captain Sadler, 929 So. 2d 613 (Fla. 1st DCA 2006)
- Redilla v. State, 929 So. 2d 613 (Fla. 2d DCA 2006)