JOHN PATRICK MEEKINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1986-08-13
No. 4-86-0120
DELL and GUNTHER, JJ., concur.
492 So. 2d 484 Florida District Court of Appeal, Fourth District (1986) Positive Treatment
Cited by 2 cases
Topics
Felony Degree Classification

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Opinion of the Court
WALDEN, Judge.

WALDEN, Judge.

The public defender has filed an Anders1 motion and brief, requesting leave to withdraw as counsel for appellant and representing to this court that no reversible error appears. Subsequently, this court gave the appellant thirty days within which to file a brief in his own behalf. Appellant has not responded, although counsel for the appellee has. Our review of the documents and record indicates that the sentencing guideline scoresheet incorrectly shows that sexual battery is a life felony and requires, correction. Pursuant to section 794.011(4)(b), Florida Statutes (1984), it is a felony of the first degree. Further, without a finding below that the defendant has the present ability to pay, the imposition of the $1,725 fine was error and accordingly must be deleted from the judgment. See section 775.0835, Florida Statutes (1985). In all other respects, no reversible error appears and the conviction and sentence are affirmed. We accordingly grant the motion to withdraw but re mand with directions that revisions be made consistent with this opinion.

AFFIRMED IN PART; REVERSED AND REMANDED IN PART.

DELL and GUNTHER, JJ., concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

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  • Houle v. State, 33 So. 3d 822 (Fla. 4th DCA 2010)
    …775.0835 for causing injury to another. Section 775.0835(1) requires the court to find “that the defendant has the present ability to pay the fine.” The trial court made no such finding, so the imposition of these fines was error. Meekins v. State, 492 So. 2d 484 (Fla. 4th DCA 1986). Therefore, we strike these fines without prejudice and remand for an evidentiary hearing. Finally, we are compelled to reverse the $135 “DUI assessment.” The court does not cite any statutory basis for this fee. “Absent statuto…

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