Chamblee v. State
93 So. 3d 1184
| Fla. Dist. Ct. App. | 2012Background
- Derrell J. Chamblee appeals his racketeering (RICO) conviction and numerous grand theft counts, challenging concurrent 25-year sentences under the Florida Code.
- He also argues the court costs and fees imposed at sentencing were improper under the statutes in effect.
- He preserved the issue via a Rule 3.800(b)(2) motion to correct sentencing errors, which was deemed denied.
- The court sua sponte reviews the law as to the statutory requirements for imposing the costs.
- The court applies the law governing ongoing criminal enterprises and determines which statute versions should apply to the 2003 offense dates.
- The outcome is to strike certain amounts, apply the 2003 statute versions, and remand for proper imposition on remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Applicable statute versions for costs on an ongoing enterprise | Chamblee — 2003 versions apply | State — beginning-date rules govern | 2003 versions apply; strike outdated amounts and remand |
| Crime prevention assessment amount | Assessment should be $200 (2003) | N/A | Strike $225, substitute $200 |
| Felony fine for ability to pay | Court failed to determine ability to pay | N/A | Strike $50 fine; remand for findings to reimpose |
| Court cost surcharge under 938.06(1) | Conceded improper | N/A | Strike $20 surcharge; remand for 2003 version application |
| Overall disposition | Remand for proper statutory imposition | N/A | Strike three costs and remand; affirm judgment and sentence in all other respects |
Key Cases Cited
- Clavelle v. State, 80 So.3d 456 (Fla. 1st DCA 2012) (reducing crime-prevention assessment to amount in effect at time of offenses)
- Swift v. State, 53 So.3d 394 (Fla. 2d DCA 2011) (reducing assessment to 2003 version in effect at time of offenses)
- Love v. State, 992 So.2d 823 (Fla. 2d DCA 2008) (requires ability-to-pay findings for fines; remand for findings)
- Clark v. State, 963 So.2d 911 (Fla. 2d DCA 2007) (requires ability-to-pay findings for fines; remand for proper findings)
- Kimball v. State, 933 So.2d 1285 (Fla. 2d DCA 2006) (concession of error regarding surcharge; remand)
- Lang v. State, 856 So.2d 1105 (Fla. 1st DCA 2003) (surveillance of surcharge/fee imposition)