History
  • No items yet
midpage
Oliver v. State
75 So. 3d 349
| Fla. Dist. Ct. App. | 2011
Read the full case

Background

  • Oliver was convicted of aggravated battery causing great bodily harm with a deadly weapon, a second-degree felony.
  • The trial court reclassified the offense as a first-degree felony under § 775.087(1).
  • Oliver challenged the sentencing on two grounds: improper reclassification and improper imposition of costs and fines.
  • The State conceded error on both sentencing issues.
  • The court imposed fines and costs without proper statutory authority and without individually announcing or explaining them.
  • On remand, the court must provide proper notice, state authority for each assessment, and recalculate the scoresheet; a corrected scoresheet may still yield a sentence within the guidelines, but resentencing is required.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Reclassification of offense from 2nd to 1st degree Oliver contends misclassification. State argues proper reclassification under § 775.087(1). Reclassification was improper; remand for resentencing based on a corrected scoresheet.
Imposition of fines and costs without proper notice Oliver challenges lack of notice and statutory authority. State concedes error. Costs and fines must be reimposed with notice and statutory authority on remand.

Key Cases Cited

  • Smiley v. State, 704 So. 2d 191 (Fla. 1st DCA 1997) (requirement to justify fines and clarify authority)
  • Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995) (clarifies explain costs on record)
  • Brooks v. State, 672 So. 2d 828 (Fla. 2d DCA 1995) (announcing each assessment with authority)
  • Lawrence v. State, 590 So. 2d 1068 (Fla. 5th DCA 1991) (scoresheet consideration in sentencing)
  • Lareau v. State, 573 So. 2d 813 (Fla. 1991) (weapon-use may affect offense classification)
  • Cabral v. State, 944 So. 2d 1026 (Fla. 1st DCA 2006) (uncertainty if deadly weapon use is essential element)
  • Perry v. State, 858 So. 2d 1270 (Fla. 1st DCA 2003) (case law on weapon/essential element)
Read the full case

Case Details

Case Name: Oliver v. State
Court Name: District Court of Appeal of Florida
Date Published: Nov 16, 2011
Citation: 75 So. 3d 349
Docket Number: 1D10-6567
Court Abbreviation: Fla. Dist. Ct. App.