ASHLEY YEAGER-FISCHER
v.
STATE OF FLORIDA
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Ashley Yeager-Fischer appeals her Battery conviction and challenges the costs imposed by the trial court. The appellate court affirmed the conviction but reversed the cost assessment because the trial court imposed costs based on two counts of Battery when the defendant was only convicted of one count.
The trial court erred in imposing $704.00 in costs based on two counts when the defendant was convicted of only one count. The proper sanction is $352.00 for the single conviction.
[1] Costs imposed by a trial court must accurately reflect the number of convictions for which the defendant is adjudicated guilty.
[2] When applying statutory surcharges for criminal violations, the amount assessed must correspond to the specific offense for which the defendant was convicted.
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Join FLexlaw to unlock all legal intelligence“Both the State and Appellant agree that the $704.00 in costs reflects the two counts of Battery with which Appellant was charged, not the one count of Battery on which she was actually convicted.”
Establishes the factual basis for the appeal - the trial court imposed costs based on charged counts rather than the conviction count.
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Join FLexlaw to unlock all legal intelligenceAppellant Yeager-Fischer was charged with two counts of Battery. She was adjudicated guilty of only one count of Battery. The trial court imposed $704…
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Michael Scott Del Sontro, Esq., Office of the State Attorney 401 N. Dixie Highway West Palm Beach, FL 33401 [email protected] [email protected]
PER CURIAM.
Appellant Ashley Yeager-Fischer appeals her conviction of one count of Battery and further challenges the costs imposed by the trial court as a result. We affirm Appellant's Battery conviction without comment, but reverse on the costs issue.
After adjudicating Appellant guilty, the trial court imposed $704.00 in "Criminal Domestic Violence/Rape Crisis Costs" pursuant to sections 938.08 and 938.085, Florida Statutes (2014), which require a "surcharge" be imposed when a defendant is adjudicated guilty of violating section 784.03, Florida Statutes. Under these two statutes, the total amount to be imposed for a single violation of section 748.03 is $352.00. Both the State and Appellant agree that the $704.00 in costs reflects the two counts of Battery with which Appellant was charged, not the one count of Battery on which she was actually convicted.
We therefore REVERSE the trial court's Order Assessing Additional Charges, Costs and Fines and Entering Judgment, and REMAND this case to the trial court with instructions to enter a new order reflecting the proper $352.00 sanction.
AFFIRMED in part and REVERSED in part.
FEUER, KELLEY, and CARACUZZO, JJ., concur. IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA
ASHLEY YEAGER-FISCHER, Appellant,
V.
STATE OF FLORIDA, Appellee.
APPELLATE DIVISION (CRIMINAL): AC CASE NO: 502016AP900010AXXXMB L.T. NO: 502014MM012688AXXXNB
Opinion/Decision filed: AUG 0 3 2017