JEREMY CLAYTON GREENE
v.
STATE OF FLORIDA
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Costs imposed in a sentencing order must cite statutory authority, and costs imposed without such citations must be stricken.
[1] Costs imposed in a criminal sentence must be supported by citation to statutory authority in the written sentencing order, whether the costs are mandatory or discretionar…
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Join FLexlaw to unlock all legal intelligence“The statutory authority for all costs imposed, whether they are mandatory or discretionary, must be cited in the written order.”
Court's statement of controlling law from Sanders v. State and Kirby v. State
Jeremy Clayton Greene was convicted of attempting to commit a lewd or lascivious act in the presence of a child under sixteen, driving without a valid…
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KELLY, Judge.
Jeremy Clayton Greene appeals from his convictions and sentences for attempting to commit a lewd or lascivious act in the presence of a child under the age of sixteen, driving without a valid license, and possession of an open container. We affirm his convictions and sentences without comment. However, we reverse and remand because the circuit court erred in imposing certain costs. Greene preserved this issue by filing a motion to correct sentencing error pursuant to Florida Rule of Criminal
Procedure 3.800(b)(2). The motion was deemed denied when the circuit court did not rule on the motion within sixty days. See Fla. R. Crim. P. 3.800(b)(2)(B); White v. State,
"The statutory authority for all costs 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 statutory authority for their assessment. See Sanders, 189 So. 3d at 946; Vick v. State, 37 So. 3d 951, 952 (Fla. 2d DCA 2010).
Affirmed in part, reversed in part, and remanded with directions.
SLEET and ROTHSTEIN-YOUAKIM, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Kirby v. State, 695 So. 2d 889 (Fla. 2d DCA 1997)
- Vick v. State, 37 So. 3d 951 (Fla. 2d DCA 2010)
- White v. State, 32 So. 3d 132 (Fla. 2d DCA 2010)
- Najee Sanders v. State, 189 So. 3d 946 (Fla. 2d DCA 2016)
- Singletary v. State, 198 So. 3d 973 (Fla. 2d DCA 2016)