POWELL
v.
STATE OF FLORIDA
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Trial courts must make written findings as to whether a violent felony offender of special concern poses a danger to the community under Florida Statute § 948.06(8)(e), and costs of prosecution cannot be imposed without a request from the State.
[1] A trial court must enter written findings of fact as to whether a defendant designated as a violent felony offender of special concern poses a danger to the community, as…
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Join FLexlaw to unlock all legal intelligencePowell was sentenced to the statutory maximum of five years in prison after violating probation. The trial court imposed a $100 cost of prosecution an…
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January 3, 2024 PER CURIAM.
Appellant appeals from the trial court’s order sentencing him to the statutory maximum of five years in prison after he violated probation. Appellant argues that the court erred when it imposed the $100 cost of prosecution without a request from the State and failed to make statutorily required written findings of fact after finding him to be a violent felony offender of special concern.
We affirm Appellant’s challenge of the costs of prosecution in accordance with Parks v. State, 48 Fla. L. Weekly D1524 (Fla. 1st DCA Aug. 2, 2023). We reverse, however, as to Appellant’s second argument. As the State’s brief concedes, trial courts must make written findings as to whether a violent felony offender of special concern poses a danger to the community. § 948.06(8)(e), Fla. Stat.
Such findings are absent here. Accordingly, we remand for the entry of a written order making the required statutory findings. See Gettis v. State, 289 So. 3d 560 (Fla. 1st DCA 2020); Glenn v. State, 219 So. 3d 1010 (Fla. 1st DCA 2017).
AFFIRMED in part, REVERSED in part, and REMANDED. OSTERHAUS, C.J., and ROWE and BILBREY, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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Citator
Authorities Cited
- Gwyn v. State (Fla. 1st DCA 2023)
- Glenn v. State, 219 So. 3d 1010 (Fla. 1st DCA 2017)