118 So. 3d 930
Fla. Dist. Ct. App.2013Background
- Appellant pled pursuant to a negotiated agreement to four counts, including a second-degree felony fleeing/eluding;
- Adjudicated guilty under the negotiated plea and sentenced to 60 days in jail (58 credited) and 36 months’ probation with restitution;
- Plea agreement specified costs: court costs $1,522.50, PD fee $50, PD LAD $100, and cost of prosecution $100;
- At sentencing, the court orally pronounced those costs and certain waivers, but the written judgment and order of probation did not detail the costs and all three documents included a waiver of “costs of supervision” tied to restitution payments;
- Appellant moved to correct sentence under Rule 3.800(b)(2) arguing failure to orally pronounce each discretionary cost and challenging the PD lien notice;
- Court affirmed the judgment and remanded to correct the written judgment, order of probation, and court docket to match the oral pronouncement and remove superfluous waivers.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Oral pronouncement of each discretionary cost required? | Appellant argues Rule 3.800(b)(2) requires oral pronouncement of every discretionary cost. | State contends the plea contract governs costs and oral pronouncement on each cost is not necessary. | No reversible error on this point; remand to correct documents to reflect oral pronouncements. |
| Validity of the PD lien without proper notice to contest amount? | McCarthan/Appellant contend lien amount improperly assessed due to lack of notice. | State asserts no reversible error and lien was properly assessed under applicable rules. | Arguments unavailing; liens and notice issues require no reversal but may be addressed on remand. |
| Corrections required to reflect oral pronouncement and remove extra waivers? | Not applicable as issue is whether corrections are needed. | State acknowledges written documents must reflect oral pronouncement. | The written judgment, order of probation, and docket must be corrected to reflect oral costs and remove extra waivers; affirm in all other respects. |
Key Cases Cited
- Nix v. State, 84 So.3d 424 (Fla. 1st DCA 2012) (addresses required oral pronouncement of costs under Rule 3.800(b)(2))
- McCarthan v. State, 91 So.3d 268 (Fla. 1st DCA 2012) (lien notice issues and contest rights for PD liens)
- LaFave v. State, 113 So.3d 31 (Fla. 2d DCA 2012) (negotiated plea contracts enforceable as bargains on sentencing terms)
- Costin v. State, 46 So.3d 96 (Fla. 1st DCA 2010) (drug-offender probation can be bargained; costs can be reimbursed by agreement)
- Carson v. State, 37 So.3d 884 (Fla. 1st DCA 2010) (drug-offender probation and associated costs may be negotiated)
- Anders v. California, 386 U.S. 738 (1967) (process for Anders appeals; right to counsel in criminal appeals)