Nix v. State
84 So. 3d 424
| Fla. Dist. Ct. App. | 2012Background
- Appellant Alexander L. Nix was convicted of sale of cocaine and resisting an officer without violence.
- The trial court adjudicated Nix guilty and sentenced him to 15 years for the cocaine offense; time served on the resisting offense.
- At sentencing, the court orally pronounced a lump sum of $1,522.50 in costs and fines, plus $100 for cost of prosecution, $100 for defense litigation fee, and $50 for the public defender application fee.
- Nix did not object at sentencing but filed a Rule 3.800(b)(2) motion arguing the written $1,050 fine and $52.50 surcharge were not specifically pronounced.
- The trial court denied the motion, finding waiver; on review, the record did not support waiver and properly preserved the issue for appeal.
- Discretionary costs require oral pronouncement; statutorily-mandated costs do not, and the lump-sum oral pronouncement did not delineate individual costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of §893.13 challenged | Nix argues §893.13 is facially unconstitutional. | State defends §893.13 as valid. | Affirmed the constitutional challenge based on Flagg. |
| Sufficiency of the evidence for conviction | Nix contends the evidence was insufficient to sustain the judgment of conviction. | State maintains the evidence was legally sufficient. | Affirmed the judgment of conviction. |
| Discretionary fines and surcharges not orally pronounced | Nix argues the $1,050 discretionary fine and $52.50 surcharge were not properly pronounced at sentencing. | State contends waivers or proper notice/actions apply. | Reversed and remanded to reimpose fines/surcharges after proper notice and procedure. |
Key Cases Cited
- Bradshaw v. State, 638 So.2d 1024 (Fla. 1st DCA 1994) (statutory costs may be imposed without notice)
- Reyes v. State, 655 So.2d 111 (Fla. 2d DCA 1995) (discretionary costs must be orally pronounced)
- Smiley v. State, 704 So.2d 191 (Fla. 1st DCA 1997) (procedural safeguards for discretionary costs needed)
- Brooks v. State, 676 So.2d 48 (Fla. 1st DCA 1996) (cites Reyes context for pronouncement of costs)
- Flagg v. State, 74 So.3d 138 (Fla. 1st DCA 2011) (facial constitutional challenge guided by statutory framework)
- Pullan v. State, 55 So.3d 674 (Fla. 1st DCA 2011) (surcharge linked to amount of fine; remand for recalculation)
- Williams v. State, 82 So.3d 186 (Fla. 1st DCA 2012) (remand to reimpose after proper notice)
- Oliver v. State, 75 So.3d 349 (Fla. 1st DCA 2011) (reversal to allow proper procedure for fines on remand)
- Terry v. State, 791 So.2d 1162 (Fla. 1st DCA 2001) (reversal when discrete costs not properly announced)
- Mallory v. State, 70 So.3d 738 (Fla. 1st DCA 2011) (remand for entry of corrected judgment striking improper fines)