Oliver v. State
75 So. 3d 349
| Fla. Dist. Ct. App. | 2011Background
- 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)
