Walden v. State
112 So. 3d 578
Fla. Dist. Ct. App.2013Background
- Trial court denied motion to correct an illegal sentence (2006) based on failure to orally pronounce statutorily authorized costs.
- Appellant sought deletion of costs in the written sentence; costs were imposed in orders but not orally pronounced.
- Rule 3.800(a) applies to correcting illegal sentences; the issue is whether failure to pronounce costs renders the sentence illegal.
- Merricks v. State suggested such failure can render the sentence illegal for 3.800(a) relief, but Maddox/Jackson dispute this.
- Court holds that imposition of costs, even if not orally pronounced, is not the type of error correctable under 3.800(a); relief should be sought under 3.800(b).
- Dissenting or potential conflict: two cases (Strickland, Benner) have allowed 3.800(a) to strike non-pronounced costs; conflict is certified.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to orally pronounce costs makes sentence illegal under 3.800(a). | Merricks suggested illegality under 3.800(a). | Maddox/Jackson reject illegality for unpronounced costs. | Not illegal; 3.800(a) not applicable. |
| Proper vehicle to correct non-pronounced costs in sentencing. | Costs should be corrected under 3.800(a). | Corrected under 3.800(b) after sentencing. | 3.800(b) appropriate remedy. |
| Role of Maddox and Jackson in limiting 3.800(a) relief for costs. | Maddox/Jackson control; 3.800(a) not for costs. | ||
| Whether Merricks conflict should be resolved by court. | Conflict certified due to Strickland/Benner. |
Key Cases Cited
- Maddox v. State, 760 So.2d 89 (Fla.2000) (unpreserved error in cost imposition not a fundamental sentencing error)
- Jackson v. State, 983 So.2d 562 (Fla.2008) (unauthorized imposition of costs is a sentencing error for 3.800(b))
- Merricks v. State, 90 So.3d 893 (Fla. 4th DCA 2012) (dicta; failure to pronounce costs not ground for 3.800(a) relief)
- Williams v. State, 957 So.2d 600 (Fla.2007) (distance between oral pronouncement and written sentence under 3.800(a))
- Strickland v. State, 56 So.3d 906 (Fla. 5th DCA 2011) (used rule 3.800(a) to strike non-pronounced costs; conflict noted)
- Benner v. State, 974 So.2d 578 (Fla. 1st DCA 2008) (similar use of 3.800(a) regarding costs)