STERLING S. MALLORY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant appeals his judgment and sentence for attempted second-degree murder with a firearm, inflicting death or great bodily harm. Appellant’s counsel filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and In re Anders Briefs, 581 So.2d 149 (Fla.1991).
We find no error in appellant’s judgment and sentence. However, we find the trial court erred in imposing, in the written judgment and sentence; a $2,100 fine pursuant to section 775.083, Florida Statutes (2009); a 5% surcharge in the amount of $105 pursuant to section 938.04, Florida Statutes (2009); and a $20 court cost pursuant to section 938.06, Florida Statutes (2009). As the State properly concedes, the trial court failed orally to pronounce the fine; therefore, the imposition of the fine, surcharge, and cost was error. See Pullam v. State, 55 So.3d 674, 675 (Fla. 1st DCA 2011).
Accordingly, we affirm the judgment and sentence but remand for entry of a corrected judgment striking the $2,100 fine, the $105 surcharge, and the $20 court cost.
CLARK and RAY, JJ., concur.
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NIX v. State, 84 So. 3d 424 (Fla. 1st DCA 2012)…recognize that this is an issue for the trial court to consider in the first instance. If the trial court elects not to reimpose the fine and surcharge, it should enter a corrected judgment and sentence striking these amounts. Cf. Mallory v. State, 70 So. 3d 738 (Fla. 1st DCA 2011) (remanding for entry of a corrected judgment striking improperly imposed fines); Pullam, 55 So. 3d at 675 (same).…
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Laronald D. Spear v. State, 109 So. 3d 232 (Fla. 1st DCA 2013)…ed or where a fine was wrongfully imposed. See, e.g., Harris v. State, 100 So. 3d 245, 246 (Fla. 1st DCA 2012); Chamblee v. State, 93 So. 3d 1184, 1186 (Fla. 1st DCA 2012); Clavelle v. State, 80 So. 3d 456, 457 (Fla. 1st DCA 2012); Mallory v. State, 70 So. 3d 738, 738 (Fla. 1st DCA 2011); Pullam v. State, 55 So. 3d 674, 675 (Fla. 1st DCA 2011); Lang v. State, 856 So. 2d 1105, 1106 (Fla. 1st DCA 2003). The Legislature amended section 938.06(1) effective July 1, 2010, to provide [*233] that “[i]n addition to…
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Clavelle v. State, 80 So. 3d 456 (Fla. 1st DCA 2012)…to be made in “addition to any fine....” See § 938.06(1), Fla. Stat. However, the appellant was sentenced as a habitual offender without any fine, and because no fine was imposed this section 938.06 assessment may not be made. See Mallory v. State, 70 So. 3d 738 (Fla. 1st DCA 2011); Pullam v. State, 55 So. 3d 674 (Fla. 1st DCA 2011). The appellant’s conviction is affirmed. The costs addressed herein are vacated, and the case is remanded. PADOYANO, LEWIS, and CLARK, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- In re App. Court Response to Anders Briefs, 581 So. 2d 149 (Fla. 1991)
- Clark v. State, 55 So. 3d 674 (Fla. 1st DCA 2011)
- Pullam v. State, 55 So. 3d 674 (Fla. 1st DCA 2011)