BRANDON DAWSON
v.
STATE OF FLORIDA

Fla. 5th DCA | 2025-03-21
No. 5D2023-2831
392 So. 3d 1109 Florida District Court of Appeal, Fifth District (2025) Positive Treatment
Cited by 2 cases

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.

Synopsis

Brandon Dawson appeals his convictions for first-degree murder and related sentences. The appellate court affirmed his convictions and sentences but reversed the trial court's imposition of a $500 fine on the capital felony count, as statutory law prohibits fines for capital offenses.


Holding

The trial court's imposition of the $500 fine and related surcharge on count I (first-degree murder) was unauthorized because Florida statutory law prohibits fines for capital felonies. Accordingly, the fine and surcharge must be reversed and the judgment amended.


Headnotes

[1] A fine is unauthorized when imposed on a conviction for a capital felony.

[2] A conviction for first-degree murder constitutes a capital felony under Florida law.

Previewing 2 of 3 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

Key Quotes

“A person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment described in s. 775.082 . . .”

The statutory prohibition on fines for capital felonies, which includes first-degree murder.

Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Appellant Brandon Dawson was convicted of first-degree murder on count I of an indictment. The trial court imposed convictions and sentences, includin…

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.


Opinion of the Court

PER CURIAM.

In this Anders1 appeal, we affirm Appellant’s convictions and sentences. However, we reverse as to the trial court’s imposition of the $500 fine and related surcharge on count I.

Appellant was convicted of first-degree murder on count I of the indictment. Because this count was for a capital felony under Florida law, imposition of the $500 fine as to that count was unauthorized. See § 775.083(1), Fla. Stat. (2014) (“A person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment described in s. 775.082 . . . .” (emphasis added)); id. § 782.04(1)(a) (classifying first-degree murder as a capital felony); see also Carroll v. State, 392 So. 3d 1109, 1109 (Fla. 5th DCA 2024) (finding imposition of fine on a capital offense is not authorized under section 775.083(1)).

Accordingly, we affirm the convictions and sentences imposed, reverse the imposition of the $500 fine and related surcharge on count I, and remand to the trial court for the entry of an amended judgment and sentence consistent with this opinion.

AFFIRMED in part; REVERSED in part; and REMANDED with instructions.

MAKAR, EISNAUGLE, and KILBANE, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

Footnotes
1 Anders v. California, 386 U.S. 738 (1967).

Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Dawson v. State, 392 So. 3d 1109 (Fla. 5th DCA 2025)
    …fense other than a capital felony may be sentenced to pay a fine in addition to any punishment described in s. 775.082 . . . .” (emphasis added)); id. § 782.04(1)(a) (classifying first-degree murder as a capital felony); see also Carroll v. State, 392 So. 3d 1109, 1109 (Fla. 5th DCA 2024) (finding imposition of fine on a capital offense is not authorized under section 775.083(1)). Accordingly, we affirm the convictions and sentences imposed, reverse the imposition of the $500 fine and related surcharge on…
  • Constant v. State (Fla. 5th DCA 2025)
    …Stat. (“A person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment . . . .” (emphasis added)); see also Hare v. State, 687 So. 2d 1371 (Fla. 5th DCA 1997); Carroll v. State, 392 So. 3d 1109 (Fla. 5th DCA 2024). Accordingly, while we affirm the convictions and sentences imposed on each count, we reverse the imposition of the $500 fine and related surcharge on count three of the indictment, and we remand to the trial court for entry of…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw