STEPHEN TRUSTY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Stephen Trusty appealed his convictions for second-degree murder and witness tampering, challenging his sentences and various costs and fines imposed. The court affirmed his convictions but reversed and remanded regarding several improperly imposed costs and fines that lacked proper notice and statutory authorization.
The court affirmed the convictions but reversed and remanded regarding the costs and fines. The $3,878.85 discretionary fine and its surcharge must be stricken because the court failed to provide notice and opportunity to be heard. The discretionary portion of the $300 appointed attorney lien exceeding the statutory minimum must be stricken for the same reason. The $2 motor vehicle assessment and $50 Drug Abuse Trust Fund fine must be stricken as unauthorized because they were not applicable to Trusty's convictions.
[1] A discretionary fine may not be imposed without notice and an opportunity to be heard.
[2] A surcharge on a fine imposed without proper notice must also be stricken.
Previewing 2 of 6 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“a fine pursuant to section 775.083, Florida Statutes (2014), is discretionary, and may not be imposed without notice and an opportunity to be heard”
Establishes the fundamental requirement for imposing discretionary fines
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceTrusty was convicted of second-degree murder and witness tampering. At sentencing, the trial court imposed $5,000 in costs and fines, which included a…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Discretionary Fines cases and more on FLexlaw
Stephen Trusty appeals his convictions and sentences for second-degree murder and witness tampering, raising five grounds ‘ for reversal. We affirm on all grounds with the exception of the assessment of certain costs and fines. We find that the trial court erred in imposing these *760costs and fines, and therefore accept the State’s proper concession of error.*
At sentencing, the court stated that it would “impose a five thousand dollar cost on [the] case,” but did not specify the various bases for its assessment. The written order, however, listed several individual costs with statutory citations, as well as a fine in the amount of $3,878.85, with a five percent surcharge of $204.15, for a total assessment of $5,000. Many of the individual costs imposed were mandatory, and the court was not required to separately identify those assessments at the sentencing hearing. Lang v. State, 856 So.2d 1105, 1107 (Fla. 1st DCA 2003) (citing Reyes v. State, 655 So.2d 111, 116 (Fla. 2d DCA 1995)).
However, a fine pursuant to section 775.083, Florida Statutes (2014), is discretionary, and may not be imposed without notice and an opportunity to be heard. Mills v. State, 177 So.3d 984, 988 (Fla. 1st DCA 2015). Because the court did not follow the proper procedure in imposing the $3,878.85 fíne, it must be stricken. See id. Further, where such a fine is imposed without proper notice, its corresponding surcharge must also be stricken. Id. If the court wishes to reimpose the fine and surcharge on remand, it may do so after providing the requisite notice and opportunity to be heard. Id.
Similarly, Trusty challenges a $300.00 appointed attorney lien payment assessment. While section 938.29, Florida Statutes, mandates a legal assistance lien assessment of “no less than $100 per case when a felony offense is charged,” and authorizes a higher amount “upon a showing of sufficient proof of higher fees or costs incurred,” a trial court is required to give the defendant notice and an opportunity to be heard prior to imposing a fee in excess of the statutory minimum. Carmichael v. State, 192 So.3d 640 (Fla. 1st DCA 2016). Here, because Trusty was not given notice and an opportunity to be heard regarding the discretionary portion of the assessment, it must be stricken. On remand, the court may reimpose this cost after complying with the proper procedure. Id.
Next, Trusty challenges the imposition of a $2.00 cost for the Gulf Coast College Community Justice Assessment Center. Section 318.18, Florida Statutes, authorizes an assessment of two dollars for offenses involving motor vehicles, but is not applicable to Trusty’s convictions. Thus, this assessment was unauthorized and must be stricken. See, e.g., Renaud v. State, 660 So.2d 408, 408 (Fla. 1st DCA 1995) (remanding with directions to strike unauthorized cost).
Finally, Trusty challenges a $50.00 fine imposed for the Drug Abuse Trust Fund. While section 938.298 authorizes such a fine in cases involving certain alcohol or drug offenses, and section 893.165 *761provides for those fines to go toward Drug Abuse Trust Funds established at the county level, Trusty was not convicted of one of these offenses. Thus, this assessment was unauthorized and must be stricken. See Renaud, id.
AFFIRMED IN PART, REVERSED IN PART, and REMANDED with directions.
B.L. THOMAS, ROWE, and WINSOR, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Clark v. State, 223 So. 3d 1126 (Fla. 1st DCA 2017)
-
Clark v. State, 238 So. 3d 750 (Fla. 1st DCA 2018)
Authorities Cited
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- Mills v. State, 177 So. 3d 984 (Fla. 1st DCA 2015)
- Lang v. State, 856 So. 2d 1105 (Fla. 1st DCA 2003)
- Jacques H. Renaud v. State, 660 So. 2d 408 (Fla. 1st DCA 1995)
- Darrin Lee Carmichael v. State, 192 So. 3d 640 (Fla. 1st DCA 2016)