Stephen Trusty v. State of Florida
210 So. 3d 758
| Fla. Dist. Ct. App. | 2017Background
- Stephen Trusty was convicted of second-degree murder and witness tampering and appealed his convictions and sentence.
- At sentencing the court orally announced a $5,000 total cost but the written sentence itemized individual costs and a discretionary fine of $3,878.85 plus a 5% surcharge.
- Trusty challenged several assessments as improperly imposed or unauthorized: the section 775.083 fine and surcharge, a $300 appointed attorney lien above the statutory minimum, a $2 Gulf Coast College assessment tied to motor-vehicle offenses, and a $50 Drug Abuse Trust Fund fine.
- The State conceded error on one scoresheet classification issue, but the court rejected that concession as incorrect on the facts of the tampering offense classification.
- The First District affirmed Trusty’s convictions and sentences except it reversed and remanded to strike the improperly imposed costs and fines (and directed the trial court on procedures if it wishes to reimpose discretionary amounts).
Issues
| Issue | Trusty’s Argument | State’s Argument | Held |
|---|---|---|---|
| Whether the §775.083 fine ($3,878.85) and surcharge could be imposed without notice/hearing | Fine was imposed without required notice/opportunity to be heard | Court announced total but did not follow statutory notice procedure | Stricken; discretionary fine and surcharge require notice/hearing; may be reimposed after proper procedure |
| Whether the $300 appointed-attorney lien above $100 was proper | Amount over statutory minimum imposed without notice/hearing | Trial court lawfully assessed listed costs | Stricken; court must give notice/opportunity before imposing >$100; may reimpose after complying |
| Whether $2 Gulf Coast College Community Justice Assessment (for motor-vehicle offenses) was authorized | Assessment not applicable to non-motor-vehicle offenses | Assessment was part of written costs | Stricken; unauthorized for these convictions |
| Whether $50 Drug Abuse Trust Fund fine was authorized | Not convicted of qualifying drug/alcohol offense for that fine | Fine appropriate per county fund provisions | Stricken; unauthorized for these convictions |
Key Cases Cited
- Lang v. State, 856 So. 2d 1105 (Fla. 1st DCA 2003) (trial court need not orally recite mandatory statutory costs when properly listed)
- Mills v. State, 177 So. 3d 984 (Fla. 1st DCA 2015) (discretionary §775.083 fines require notice and opportunity to be heard)
- Carmichael v. State, 192 So. 3d 640 (Fla. 1st DCA 2016) (attorney-lien assessments above statutory minimum require notice and hearing)
- Renaud v. State, 660 So. 2d 408 (Fla. 1st DCA 1995) (unauthorized assessments must be stricken)
- Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995) (recited in context of when oral identification of costs is unnecessary)