JAMES TIMOTHY SINGLETARY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that costs imposed without citation of statutory authority must be stricken.
James Singletary was convicted of dealing in stolen property and providing false information to a pawn broker. After his probation was revoked, he was…
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James Singletary, who was convicted of dealing in stolen property and providing false information to a pawn broker, appeals his sentences imposed after revocation of his probation. Specifically, Single-*974tary challenges the imposition of various costs without the citation of statutory authority.' ' He preserved this issue by filing a Florida Rule of Criminal Procedure 3.800(b)(2) motion to correct sentencing error. The record reflects that this motion was granted,' but because a written order was not filed within the time specified, the motion was deemed denied under rule 3.800(b)(2)(B).1 The State has appropriately conceded error in this appeal. Accordingly, we affirm Singletary’s judgments and sentences but strike the costs.
“The statutory authority for all costs imposed, whether they are mandatory or discretionary, must be cited in the written order.” Vick v. State, 37 So.3d 951, 952 (Fla. 2d DCA 2010) (quoting Kirby v. State, 695 So.2d 889, 890 (Fla. 2d DCA 1997)). On remand, the trial court may again impose these costs if it cites the statutory authority underlying their assessment. See Vick, 37 So.3d at 952.
Affirmed in part, reversed in part, and remanded with directions.
NORTHCUTT and SLEET, JJ., concur.
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Citator
Cited By
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Richardson v. State, 48 Fla. L. Weekly D41 (Fla. 2d DCA 2023)…sentence. Within sixty days, the trial court filed an order granting Mr. Richardson's motion. It found that the original sentence did not itemize all costs imposed or cite the statutory bases for them as the law requires. See Singletary v. State, 198 So. 3d 973, 974 (Fla. 2d DCA 2016) ("The statutory authority for all costs imposed, whether they are mandatory or discretionary, must be cited in the written order." (quoting Vick v. State, 37 So. 3d 951, 952 (Fla. 2d DCA 2010))). The trial court's order dire…
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Greene v. State, 241 So. 3d 282 (Fla. 2d DCA 2018)…osts imposed, whether they are mandatory or discretionary, must be cited in the written order." Sanders v. State, 189 So. 3d 946, 946 (Fla. 2d DCA 2016) (quoting Kirby v. State, 695 So. 2d 889, 890 (Fla. 2d DCA 1997)); see also Singletary v. State, 198 So. 3d 973, 974 (Fla. 2d DCA 2016). Here, the written cost order reflects various costs with no citation to statutory authority. These costs are therefore stricken. On remand, the circuit court may again impose these costs if it provides appropriate statuto…
Authorities Cited
- Kirby v. State, 695 So. 2d 889 (Fla. 2d DCA 1997)
- Vick v. State, 37 So. 3d 951 (Fla. 2d DCA 2010)
- Najee Sanders v. State, 189 So. 3d 946 (Fla. 2d DCA 2016)