JASON GUY ROLFE

v.

STATE OF FLORIDA

Fla. 5th DCA | 2020-03-27

No. 19-1151

Maltz, J., Cohen, J., Edwards, J., Traver, J.

291 So. 3d 1283 Florida District Court of Appeal, Fifth District (2020)

Cited by 3 cases

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Holding

A trial court's failure to orally pronounce a cost at sentencing requires reversal and remand of that cost, even if otherwise applicable.

Headnotes

[1] A trial court must orally pronounce all costs at sentencing; failure to do so requires reversal and remand of the cost, though the court may reimpose it if applicable and…

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Facts & Procedural History

Jason Guy Rolfe was convicted and sentenced in St. Johns County Circuit Court. The trial court imposed a $100 cost for the FDLE Operating Trust Fund b…

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Topics

Anders Appeal Sentencing Appellate Review

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Opinion of the Court

Traver

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

JASON GUY ROLFE,

Appellant,

v. Case No. 5D19-1151

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed March 27, 2020

Appeal from the Circuit Court for St. Johns County, Howard M. Maltz, Judge.

Benjamin Davis and Oscar Hardin Eaton, Jr., of the Office of Regional Criminal Conflict & Civil Regional Counsel, Casselberry, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

In this Anders¹ appeal, we affirm Jason Guy Rolfe’s judgment and sentence in all but one respect. We reverse and remand the imposition of the $100 cost for the FDLE

COHEN, EDWARDS and TRAVER, JJ., concur.

Footnotes

1 Anders v. California, 386 U.S. 738 (1967).

2 Operating Trust Fund. See § 938.055, Fla. Stat. (2019). The trial court did not orally pronounce this cost at sentencing. See Montanez v. State, 275 So. 3d 1265, 1265 (Fla. 5th DCA 2019) (citing Cain v. State, 197 So. 3d 1096, 1096 (Fla. 1st DCA 2016)). If applicable and procedurally justified, the trial court may reimpose it on remand. AFFIRMED in part; REVERSED in part; and REMANDED.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Ball v. State, 45 Fla. L. Weekly D580 (Fla. 5th DCA 2021)
Brown v. State (Fla. 5th DCA 2024)
Jackson v. State (Fla. 5th DCA 2021)

Authorities Cited

Anders v. California, 386 U.S. 738 (U.S. 1967)
Cain v. State, 197 So. 3d 1096 (Fla. 1st DCA 2016)
Walker v. State, 275 So. 3d 1265 (Fla. 5th DCA 2019)

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JASON GUY ROLFE v. STATE OF FLORIDA