JAMES DEANE ABERNATHY
v.
STATE OF FLORIDA
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A trial court must orally pronounce the special condition of a monthly supervision cost during sentencing, and the proper amount is $40 per month, not $50.
[1] A trial court must orally pronounce all special conditions of probation during sentencing to properly impose a supervision cost condition.
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Join FLexlaw to unlock all legal intelligenceAbernathy was convicted of driving under the influence. At sentencing, the trial court imposed a $50 monthly cost of supervision as a condition of pro…
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Affirmed in part, reversed in part, and remanded. WARNER, CIKLIN and KUNTZ, JJ., concur.
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Abernathy v. State, 337 So. 3d 5 (Fla. 4th DCA 2024)…asks that we remand the case to allow the court to reduce the cost to $40 per month. We agree with the State, reverse the court’s imposition of a $50 monthly cost, and remand for imposition of a cost of $40 per month. See, e.g., Sandoval v. State, 337 So. 3d 5, 7 (Fla. 4th DCA 2022); Paris v. State, 337 So. 3d 2, 3–4 (Fla. 4th DCA 2022). Affirmed in part, reversed in part, and remanded. WARNER, CIKLIN and KUNTZ, JJ., concur.…1 / 2
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Summerson v. State, 374 So. 3d 898 (Fla. 6th DCA 2023)…al court fails to orally pronounce the amount of a probation supervision cost for misdemeanor probation at a defendant’s sentencing, the court is only authorized to impose the minimum cost of $40.00 per month required by statute. See Paris v. State, 337 So. 3d 2, 3 (Fla. 4th DCA 2022). Therefore, we reverse the portion of Summerson’s sentence imposing the probation cost of $50.00 per month and remand this case to the trial court to impose a probation cost of $40.00 per month. As to the trial court’s ruli…
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Summerson v. State, 277 So. 3d 714 (Fla. 5th DCA 2023)
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Abernathy v. State, 337 So. 3d 5 (Fla. 4th DCA 2024)