BRANDON DAWSON
v.
STATE OF FLORIDA
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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.
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.
[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“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.
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Join FLexlaw to unlock all legal intelligenceAppellant Brandon Dawson was convicted of first-degree murder on count I of an indictment. The trial court imposed convictions and sentences, includin…
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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.
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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…
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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
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Dawson v. State, 392 So. 3d 1109 (Fla. 5th DCA 2025)