MARVALIUS LACLUT SWIFT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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In an Anders appeal, Marvalius Swift challenged his convictions for cocaine possession and possession with intent to sell near a church. The court affirmed his convictions but partially reversed the sentence, finding errors in the imposition of certain costs and fees.
The court affirmed Swift's convictions and sentences on the merits but partially reversed the sentencing based on cost and fee errors: the Criminal Justice Trust Fund assessment must be reduced from $225 to $200; the $100 public defender fee must be struck without prejudice pending proper procedures; and the $3 Teen Court Fund fee is affirmed but remanded for correction of the amended order to reflect the applicable ordinance.
[1] A court must reduce the assessment to the Criminal Justice Trust Fund to $200 when the offense occurred under the 2007 version of section 938.05(1)(a), Florida Statutes.
[2] A public defender fee may only be imposed if the trial court pronounces it at sentencing and informs the defendant of their right to contest the amount at a hearing.
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Join FLexlaw to unlock all legal intelligence“Mr. Swift correctly contends that the assessment of $225 to the Criminal Justice Trust Fund must be reduced to $200 based on the version of section 938.05(l)(a) in effect at the time of his offenses.”
Establishes that the applicable 2007 statute version limited the Criminal Justice Trust Fund assessment to $200, not the $225 imposed by the trial court.
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Join FLexlaw to unlock all legal intelligenceMarvalius Laclut Swift was convicted of possession of cocaine and possession of cocaine with intent to sell within 1000 feet of a church. At sentencin…
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In this Anders 1 appeal, Marvalius Laclut Swift challenges his convictions and sentences for possession of cocaine and possession of cocaine with intent to sell within 1000 feet of a church. After a thorough review of the record, we have found no reversible error and affirm Mr. Swift’s judgments and sentences. However, we agree with Mr. Swift’s contention that the trial court erred in imposing certain costs under sections 938.05(1) and 938.29(l)(a), Florida Statutes (2008), as he asserted in a timely motion to correct sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(b)(2).
Mr. Swift correctly contends that the assessment of $225 to the Criminal Justice Trust Fund must be reduced to $200 based on the version of section 938.05(l)(a) in effect at the time of his offenses. See § 938.05(l)(a), Fla. Stat. (2007); Torres v. State, 42 So.3d 914, 915 (Fla. 2d DCA 2010). With respect to the imposition of a $100 public defender fee, Mr. Swift is also correct that under the applicable version of the statute, he would only be liable for such fee if the trial court pronounced it at sentencing and informed him of his right to contest the amount at a hearing. See § 938.29(l)(a), Fla. Stat. (2007). Although it appears from the record that Mr. Swift disagreed with the amount of the fee awarded, it is not clear whether the court properly advised him of his right to a hearing to contest the amount. We therefore strike the public defender fee without prejudice to it being reimposed on remand after the proper procedures are followed. See Del Valle v. State, 26 So.3d 650, 651 (Fla. 2d DCA 2010). Finally, as to the $3 fee to “Teen Court Fund” under section 938.19, we affirm the assessment but remand for the trial court to correct the amended order assessing fines and costs to reflect the applicable ordinance in accordance with Ayoub v. State, 901 So.2d 311, 315 (Fla. 2d DCA 2005).
Affirmed in part, reversed in part, and remanded for proceedings consistent with this opinion.
WHATLEY and CRENSHAW, JJ., Concur.
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Citator
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Mills v. State, 177 So. 3d 984 (Fla. 1st DCA 2015)…before its 2008 amendment, a defendant "would only be liable for such fee if the trial court pronounced it at sentencing and informed him of his right to contest the amount at a hearing. See § 938.29(l)(a), Fla. Stat. [*987] (2007).” Swift v. State, 53 So. 3d 394, 395 (Fla. 2d DCA 2011). See also Finkelstein v. State, 944 So. 2d 1226, 1227 (Fla. 4th DCA 2006) (reversing public defender’s fee and remanding "with instructions to the trial court to give Finkelstein notice of his right to a hearing on the matter…
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Carter v. State, 173 So. 3d 1048 (Fla. 1st DCA 2015)…thority for their assessment. See Vick v. State, 37 So. 3d 951, 952 (Fla. 2d DCA 2010). Next, the trial court imposed a $65 cost pursuant to section 939.185, Florida Statutes, but failed to cite the applicable ordinance. Pursuant to Swift v. State, 53 So. 3d 394, 395 (Fla. 2d DCA 2011) (citing Ayoub v. State, 901 So. 2d 311, 315 (Fla. 2d DCA 2005)), we affirm the cost but remand for the trial court to cite the appropriate ordinance. Finally, we note that appellant’s criminal punishment code scoresheet cont…
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Derrell J. Chamblee v. State, 93 So. 3d 1184 (Fla. 1st DCA 2012)…1)(a), Fla. Stat. (2003). -We therefore strike the assessment of $225.00 and direct the trial court to substitute a $200.00 court cost under the applicable version of the statute. Clavelle v. State, 80 So. 3d 456 (Fla. 1st DCA 2012); Swift v. State, 53 So. 3d 394 (Fla. 2d DCA 2011) (reducing assessment to the amount permitted under the version of section 938.05(1)(a) in effect at the time of the offenses). The law in March 2003 allowed the imposition of a $50.00 fine for a felony conviction, so long as the…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Ayoub v. State, 901 So. 2d 311 (Fla. 2d DCA 2005)
- del Valle v. State, 26 So. 3d 650 (Fla. 2d DCA 2010)
- Reynaldo Torres v. State, 42 So. 3d 914 (Fla. 2d DCA 2010)