BRADLEY BRUCE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court reversed and remanded for correction of sentencing errors: the judgment incorrectly cited the wrong statute for the aggravated battery conviction, and the trial court imposed an unauthorized court cost of $415 instead of the statutory $50 fee for a felony.
The trial court erred in citing the wrong statute for the aggravated battery conviction and in imposing an unauthorized court cost, requiring reversal and remand for correction.
[1] When a motion to correct sentencing error under Florida Rule of Criminal Procedure 3.800(b)(2) is not ruled upon by the trial court within sixty days, the motion is deeme…
[2] A trial court errs in imposing a court cost of $415 under section 775.083(2) when the statute authorizes only a $50 fee for a felony conviction.
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Join FLexlaw to unlock all legal intelligenceAppellant filed a motion to correct sentencing error under Florida Rule of Criminal Procedure 3.800(b)(2), which the trial court did not rule on withi…
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This appeal was filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). As appellate counsel contends on appeal, Appellant’s motion to correct sentencing error filed pursuant to Florida Rule of Criminal Procedure 3.800(b)(2), is deemed denied given that the trial court did not rule on the motion. See Fla. R. Crim. P. 3.800(b)(2)(B); Bass v. State, 122 So.3d 1002, 1003 (Fla. 1st DCA 2013) (“Sixty days after the motion [to correct sentencing error filed pursuant to rule 3.800(b)(2)] was filed, the trial court’s jurisdiction ended and the motion was deemed denied.”). As to the merits of Appellant’s motion, we agree with appellate counsel that the written judgment erroneously cites Appellant’s aggravated battery conviction as a violation of section 787.01(l)(a)3., Florida Statutes, instead of section 784.045(l)(a). We also agree that the trial court erred in imposing a $415 court cost pursuant to section 775.083(2), Florida Statutes, instead of the statutorily authorized fee of $50 for a felony. We, therefore, reverse and remand for correction of the written judgment and sentence to reflect the correct statute and statutory cost. As we explained in Harrison v. State, 146 So.3d 76, 78 (Fla. 1st DCA 2014), “If other authorized costs were consolidated in this $415.00 assessment, the trial court may reimpose the authorized sums following the appropriate procedure.”
AFFIRMED in part; REVERSED in part; and REMANDED with instructions.
LEWIS, C.J., VAN NORTWICK and SWANSON, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Terone Harrison v. State, 146 So. 3d 76 (Fla. 1st DCA 2014)
- Bass v. State, 122 So. 3d 1002 (Fla. 1st DCA 2013)