332 So.3d 1013
Fla. Dist. Ct. App.2022Background
- Appellant Tyrone G. Jenkins appealed sentencing in two Indian River County felony cases after filing a Rule 3.800(b)(2) motion to correct sentencing errors.
- Jenkins challenged his scoresheet (mis-scoring a prior fleeing-and-eluding conviction as level 3 instead of level 1 and inclusion of two extra DWLS convictions) and argued certain misdemeanor convictions on the sheet did not appear in CCIS.
- Jenkins also challenged cost assessments: a $200 cost of prosecution and a $50 investigative cost imposed in each case, neither supported by evidentiary proof at sentencing.
- Jenkins further argued a one-year driver’s license suspension was included as a special probation condition in case 2020-CF-433-A even though it was never orally pronounced at sentencing.
- The court found some scoring errors (total reduction of 1.5 points) but deemed them harmless under the “would-have-been-imposed” test, affirmed the sentence, remanded solely to correct the scoresheet, reversed/reduced unsupported costs, and struck the license-suspension condition from the probation order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Scoresheet errors (mis-scored prior convictions; extra DWLS entries) | Jenkins: scoresheet incorrectly scored one fleeing-and-eluding as level 3 (should be level 1) and included two extra DWLS convictions; requests correction | State: concedes the fleeing-and-eluding and DWLS errors but argued other CCIS convictions might be added on remand | Court: subtract 1.5 points, find errors harmless because record shows court would have imposed same sentence; affirm sentence but remand to correct scoresheet |
| Cost of prosecution ($200 each case) | Jenkins: $200 unsupported; statutory minimum is $100 unless higher costs proven | State: asked to impose $200 but produced no proof; asked on appeal for opportunity to prove higher costs on remand | Court: reverse $200 charges; remand for trial court to impose $100 per statute or additional costs only if sufficient factual findings/support submitted |
| Cost of investigation ($50 each case) | Jenkins: investigative costs unsupported by evidence and thus invalid | State: acknowledged lack of proof but requested opportunity to present evidence on remand | Held: reverse $50 investigative costs and remand to either strike them or reimpose only upon submission of competent substantial evidence supporting the amount |
| Driver's license suspension as probation condition | Jenkins: one-year suspension was never orally pronounced as a special condition of probation and must be stricken from probation order | State: contended court’s oral statements combined with ordering the suspension made clear it was a probation condition | Court: license suspension is a special condition requiring oral pronouncement; it was not orally imposed as a probation condition and must be stricken from the probation order (separate mandatory revocation order stands) |
Key Cases Cited
- Moore v. State, 268 So. 3d 792 (Fla. 4th DCA 2019) (Rule 3.800(b)(2) preserves scoresheet challenges and harmlessness standard guidance)
- Harmon v. State, 284 So. 3d 1080 (Fla. 4th DCA 2019) ("would-have-been-imposed" test for scoresheet error harmlessness)
- Bartolone v. State, 327 So. 3d 331 (Fla. 4th DCA 2021) (reversal of unsupported prosecution costs and remand guidance)
- Richards v. State, 288 So. 3d 574 (Fla. 2020) (State’s opportunity to request costs at trial; limitations on second bite)
- Icon v. State, 322 So. 3d 117 (Fla. 4th DCA 2021) (investigative costs require competent substantial evidence)
- Metellus v. State, 310 So. 3d 90 (Fla. 4th DCA 2021) (special probation conditions must be orally pronounced)
- Stark v. Fink, 557 So. 2d 129 (Fla. 3d DCA 1990) (errors not clearly determinable from the record cannot be raised if not preserved)
- Naugle v. State, 244 So. 3d 1127 (Fla. 4th DCA 2018) (remand to correct clerical/scoresheet errors)