AIDEN SEAN FUCCI
v.
STATE OF FLORIDA
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Aiden Sean Fucci, a juvenile, was convicted of first-degree murder with a weapon after stabbing a victim over one hundred times. He was sentenced to life imprisonment with eligibility for review in twenty-five years. On appeal, the court affirmed the conviction and sentence but reversed a portion due to an erroneous public defender application fee.
The court affirmed Appellant's conviction and sentence of life imprisonment with eligibility for review in twenty-five years. The court reversed solely as to the public defender application fee, which should have been $50 rather than the $100 imposed by the trial court, and remanded for correction of the judgment and sentence.
[1] A trial court must impose a public defender application fee of $50 as specified in Florida Statutes section 27.52(1)(b), and an erroneous imposition of $100 requires reve…
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Join FLexlaw to unlock all legal intelligenceAppellant lured the victim to a secluded location in the woods and stabbed her over one hundred times, inflicting forty-nine defensive wounds. The tri…
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PER CURIAM.
Appellant, Aiden Sean Fucci, a juvenile, was charged with and pled guilty to first-degree murder with a weapon. After receiving evidence for consideration in sentencing, the trial court determined that Appellant, in fact, killed the victim. Further, the trial court determined, based on competent substantial evidence, that Appellant lured the victim to a secluded place in the woods, stabbed her over one hundred times, and inflicted forty-nine (49) defensive wounds. The court found that Appellant killed the victim simply out of his desire to kill somebody and watch them die. Appellant was somebody the victim trusted. The trial court received numerous victim impact statements from family, friends, teachers, and fellow students of the victim, all of which indicated the devastating impact this senseless murder had on them and the community. Appellant was sentenced to life imprisonment and would be eligible for review in twenty-five (25) years in accordance with section 921.1402(2), Florida Statutes (2023).
Having reviewed the record before us on this Anders1 appeal, we affirm as to all but one matter. We reverse solely for entry of an amended judgment and sentence to correct the amount of the public defender application fee. Section 27.52(1)(b), Florida Statutes, specifies that there shall be imposed a cost of $50 as a public defender application fee. Here, the trial court erroneously imposed a $100 fee. Accordingly, we reverse and remand solely for the trial court to enter an amended judgment and sentence imposing a $50 public defender application fee. We affirm as to all other matters.
AFFIRMED, in part; REVERSED, in part; and REMANDED with instructions.
EDWARDS, C.J., and MAKAR and WALLIS, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ 1 Anders v. California, 386 U.S. 738 (1967).
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- Anders v. California, 386 U.S. 738 (U.S. 1967)