Case Information
*1 F IFTH D ISTRICT C OURT OF A PPEAL
S TATE OF F LORIDA _____________________________ Case No. 5D2023-2831 LT Case No. 2018-CF-003171-A _____________________________
B RANDON D AWSON , Appellant, v.
S TATE OF F LORIDA , Appellee. _____________________________ On appeal from the Circuit Court for Marion County. Anthony M. Tatti, Judge. Matthew J. Metz, Public Defender , and Teresa D. Sutton, Assistant Public Defender, Daytona Beach, for Appellant. James Uthmeier, Attorney General, Tallahassee , and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee.
March 21, 2025 P ER C URIAM .
In this Anders [1] appeal, we affirm Appellant’s convictions and sentences. However, we reverse as to the trial court’s imposition of the $500 fine and related surcharge on count I.
*2 Appellant was convicted of first-degree murder on count I of the indictment. Because this count was for a capital felony under Florida law, imposition of the $500 fine as to that count was unauthorized. See § 775.083(1), Fla. Stat. (2014) (“ A person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment described in s. 775.082 . . . . ” (emphasis added)); id. § 782.04(1)(a) (classifying first-degree murder as a capital felony); see also Carroll v. State, 392 So. 3d 1109, 1109 (Fla. 5th DCA 2024) (finding imposition of fine on a capital offense is not authorized under section 775.083(1)).
Accordingly, we affirm the convictions and sentences imposed, reverse the imposition of the $500 fine and related surcharge on count I, and remand to the trial court for the entry of an amended judgment and sentence consistent with this opinion.
A FFIRMED in part; R EVERSED in part; and R EMANDED with instructions. M AKAR , E ISNAUGLE , and K ILBANE , JJ., concur.
*3 _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331 .
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NOTES
[1] Anders v. California , 386 U.S. 738 (1967).