TERRY ANTONIO CARTER
v.
STATE OF FLORIDA
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.
When a trial court imposes costs, it must include statutory citations for the authority to impose each item of cost in the judgment order.
[1] When imposing costs as part of sentencing, a trial court must include statutory citations for the authority to impose each individual item of cost.
Previewing 1 of 1 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“when it imposed $809 in costs in the order regarding community control, the trial court failed to include statutory citations for each cost, despite the legal requirement to do so”
Court's statement of the error identified in the appeal
Carter was charged with battery and false imprisonment. The jury convicted him on both counts, and the trial court adjudicated him guilty and imposed …
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 Battery cases and more on FLexlaw
PER CURIAM.
Appellant, Terry Antonio Carter, was charged with one count of battery and one count of false imprisonment. After his motion for judgment of acquittal was denied, the jury returned guilty verdicts as to both counts. The trial court adjudicated him guilty on both counts and imposed legal sentences. However, when it imposed $809 in costs in the order regarding community control, the trial court failed to include statutory citations for each cost, despite the legal requirement to do so. See V.D. v. State, 922 So. 2d 1037, 1038 (Fla. 5th DCA 2006) (citing Miller v. State, 912 So. 2d 1282 (Fla. 2d DCA 2005)).
Accordingly, having considered the Anders brief and finding only the error regarding costs, we affirm the judgment and sentence, but remand for entry of an amended order of community control to include appropriate statutory citations for the authority to impose each item of cost. AFFIRMED; REMANDED FOR ENTRY OF AMENDED ORDER. LAMBERT, C.J., EDWARDS and JAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Miller v. State, 912 So. 2d 1282 (Fla. 2d DCA 2005)
- Vales v. State of Fla. & Wilton Manors Police Dep't, 922 So. 2d 1037 (Fla. 4th DCA 2006)