88 So. 3d 379
Fla. Dist. Ct. App.2012Background
- Consolidated Anders appeal from two judgments and sentences.
- Trial court imposed $971.25 court costs in each case; written judgments erroneously listed a $525.00 discretionary fine, $26.25 5% surcharge, $420.00 costs, and a $25.00 admin fee.
- Fines were not orally pronounced at sentencing; surcharge tied to fines.
- Appellant filed Rule 3.800(b)(2) motions to correct sentencing errors; trial court struck the $25 admin fee but denied other claims.
- State concedes the fines and surcharges were improperly imposed; court strikes those amounts and remands for corrected judgments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether discretionary fines must be orally pronounced | Appellant argues fines were not pronounced; improper to impose. | State concedes improper imposition. | Fines and surcharge must be stricken; remand for corrected judgments. |
Key Cases Cited
- Nix v. State, 84 So.3d 424 (Fla. 1st DCA 2012) (fines must be orally pronounced; surcharge invalid without proper pronouncement)
- Pullam v. State, 55 So.3d 674 (Fla. 1st DCA 2011) (discretionary fine not orally pronounced requires reversal)
- Dadds v. State, 946 So.2d 1129 (Fla. 2nd DCA 2006) (surcharge based on unpronounced fine invalid)