KENYANNA RACQUEL CHEEKS
v.
STATE OF FLORIDA
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Appellant's conviction for sale of cocaine and solicitation for prostitution was affirmed, but the court reversed and remanded to strike a discretionary fine and surcharge that were included in the written judgment but not orally imposed at sentencing.
A trial court errs when it includes a discretionary fine and surcharge in the written judgment and sentence if those penalties were not orally imposed at sentencing.
[1] A trial court errs when it imposes a discretionary fine or surcharge in the written judgment and sentence without orally imposing such penalties at the sentencing hearing…
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Join FLexlaw to unlock all legal intelligenceKenyanna Racquel Cheeks was convicted of sale of cocaine and solicitation for prostitution. The trial court imposed a $5,000 discretionary fine and $2…
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PER CURIAM.
Kenyanna Racquel Cheeks seeks relief from her judgment and sentence for sale of cocaine and solicitation for prostitution. Ms. Cheeks argues that the evidence was insufficient to overcome her defense of entrapment, the trial court erroneously overruled an objection to the admission of a jail call, and the trial court improperly imposed a discretionary fine pursuant to section 775.083, Florida Statutes, and a surcharge pursuant to section 938.04, Florida Statutes. We reject the first two arguments without comment. However, we agree with the State’s concession that the trial court erred when it included the discretionary fine and surcharge in the written judgment and sentence because neither was orally imposed at sentencing. Lamoreaux v. State, 88 So. 3d 379, 381 (Fla. 1st DCA 2012). Accordingly, we strike the $5,000 fine and $250 surcharge and remand for entry of a corrected judgment and sentence consistent with this opinion. Id.; see also Calhoun v. State, 259 So. 3d 288, 290 (Fla. 1st DCA 2018).
AFFIRMED in part, REVERSED in part, and REMANDED with directions.
RAY, KELSEY, and JAY, JJ., concur.
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Andy Thomas, Public Defender, and Maria Ines Suber, Assistant Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, and Julian E. Markham, Assistant Attorney General, Tallahassee, for Appellee.
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Lamoreaux v. State, 88 So. 3d 379 (Fla. 1st DCA 2012)
- Calhoun v. State, 259 So. 3d 288 (Fla. 1st DCA 2018)
- Clarke v. State, 88 So. 3d 379 (Fla. 1st DCA 2012)