BRYAN THOMAS ROBINSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE.
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Bryan Thomas Robinson, a juvenile defendant, was convicted of first-degree premeditated murder, robbery with a deadly weapon, and dealing in stolen property. The Florida District Court of Appeal, Fifth District affirmed Robinson's convictions and sentences but reversed portions of the restitution and cost orders as lacking adequate documentation or exceeding statutory limits.
The court affirmed Robinson's convictions and sentences on all counts. The court reversed the separate $5,736.40 restitution award to the State Attorney's Office and remanded for its inclusion in the costs order. The court also reversed the public defender fees and costs exceeding $100 and remanded for reduction to $100 or for a hearing to obtain documentation supporting the $300 award. The court rejected Robinson's argument for resentencing under Williams.
[1] A restitution order may be reversed and remanded for inclusion in a costs order if the amount awarded is not properly documented.
[2] Public defender fees and costs awarded in a cost order must be supported by documentation in the record, or a hearing must be held to obtain such evidence.
Previewing 2 of 4 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“we reverse the restitution order that awarded the State Attorney's Office $5736.40 and remand for the inclusion of this amount in the costs order in addition to the existing $200 line item for prosecution and investigative costs.”
Establishes that the court reversed the separate restitution award and required it be consolidated into the statutory costs order.
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Join FLexlaw to unlock all legal intelligenceRobinson, who was under eighteen at the time of the offense, was tried jointly with codefendant Tyzick Joseph Wall before a jury for the first-degree …
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Bryan Thomas Robinson was charged by indictment with the first-degree premeditated murder of Stephen Gorney (Count One), robbery with a deadly weapon (Count Two), and dealing in stolen property (Counts Three and Four). Robinson was under the age of eighteen at the time of the offense. He was tried jointly with his codefendant, Tyzick Joseph Wall, before a jury. Robinson was found guilty as charged on all four counts. He was sentenced to concurrent life terms on Counts One and Two and to two consecutive fifteen-year terms on Counts Three and Four. Robinson was also ordered to pay, among other costs, $200 in prosecution and investigative costs, $300 in public defender costs and fees, and the $50 public defender application fee. Separately, the State Attorney's Office for the Fifth Judicial Circuit was awarded $5736.40 in restitution for additional prosecution costs incurred for trial witness travel expenses and expert witness fees.
*218We affirm Robinson's convictions and sentences on all counts without further discussion.1 However, we reverse the restitution order that awarded the State Attorney's Office $5736.40 and remand for the inclusion of this amount in the costs order in addition to the existing $200 line item for prosecution and investigative costs. See §§ 775.089(1)(c)1., 938.27(8), Fla. Stat. (2015). We also reverse the inclusion of public defender fees and costs in the cost order in excess of $100 in public defender fees and costs and the $50 application fee because documentation supporting a greater amount is not present in the record. See §§ 27.52(1)(b), 938.29(1)(a), Fla. Stat. (2015) ; Alexis v. State, 211 So.3d 81, 83 (Fla. 4th DCA 2017) ; Simmons v. State, 24 So.3d 636, 638 (Fla. 2d DCA 2009). We remand with instructions that public defender fees and costs be reduced to $100 and the $50 application fee or to hold a hearing with notice to obtain evidence from the public defender supporting the $300 public defender fee and cost award. See §§ 27.52(1)(b), 938.29(1)(a), Fla. Stat. (2015) ; Alexis, 211 So.3d at 83.
AFFIRMED, in part; REVERSED, in part; and REMANDED with instructions.
SAWAYA, BERGER and EISNAUGLE, JJ., concur.
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Singletary v. State, 338 So. 3d 318 (Fla. 3d DCA 2022)…ry finding of intent that would support a sentence under section 775.082(1)(b)(1) but recognizing that ‘a finding of intent to kill would have been inherent in a guilty verdict as to first-degree premeditated murder’); see also Robinson v. State, 256 So. 3d 217, 218 n.1 5 (Fla. 5th DCA 2018) (rejecting similar challenge to defendant’s sentence because he was charged only with first-degree premeditated murder and ‘so the jury’s guilty verdict contain[ed] an inherent unambiguous finding of intent to…
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Tarek Mneimne v. State, 396 So. 3d 50 (Fla. 5th DCA 2025)…So. 3d 636, 638 (Fla. 2d DCA 2009). On remand, the fee should be reduced to $50. See §27.52(1)(b), Fla. Stat.; Dortch v. State, 396 So. 3d 50 (Fla. 5th DCA 2024); Einsmann v. State, 293 So. 3d 634, 635 (Fla. 5th DCA 2020); Robinson v. State, 256 So. 3d 217, 218 (Fla. 5th DCA 2018); Alexis, 211 So. 3d at 83. AFFIRMED in part, REVERSED in part. REMANDED with instructions. MAKAR and LAMBERT, JJ., concur. _____________________________ Not final until disposition of any timely and authorized…
Authorities Cited
- Alleyne v. United States, 570 U.S. 99 (U.S. 2013)
- Geraldo Alexis v. State, 211 So. 3d 81 (Fla. 4th DCA 2017)
- Rodrick D. Williams v. State, 242 So. 3d 280 (Fla. 2018)
- Simmons v. State, 24 So. 3d 636 (Fla. 2d DCA 2009)