ASCARY RODRIGUEZ, A/K/A SCOTT MARTINEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the kidnapping conviction was proper, but certain costs were improperly imposed without notice or oral announcement at sentencing.
Appellant was convicted of armed burglary, armed robbery, sexual battery, and kidnapping, receiving life sentences. He appealed the kidnapping convict…
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PER CURIAM.
The appellant was convicted of armed burglary of a dwelling, armed robbery, sexual battery, and kidnapping. He received three concurrent life sentences and life probation. He challenges the kidnapping conviction and the imposition of certain costs.
We find the trial court properly denied defense counsel’s motion for judgment of acquittal on the kidnapping count because the movement of the victim during the burglary and robbery satisfied the test laid out in Faison v. State, 426 So. 2d 963 (Fla.1983).
We agree, however, with the appellant that it was error to impose the $2 discretionary cost pursuant to section 943.25(13), Florida Statutes (1993), because the trial court did not give the appellant notice of the imposition of this cost at sentencing. Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995) (en banc). The assessment of a $433 “cost/ fine” was also error as it was not orally announced at sentencing. We note that it would be a better practice for the sentencing court to list orally all items of costs that it is imposing at sentencing instead of lumping them together in one announced figure as was done here.
Accordingly, we affirm the kidnapping conviction and sentence but strike the two cost items discussed above.
DANAHY, A.C.J., and CAMPBELL and SCHOONOVER, JJ„ concur.
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Evans v. State, 800 So. 2d 182 (Fla. 2001)…to sustain Evans’ conviction; the asportation to the backyard made the murder easier to commit and lessened the risk of detection. See Faison v. State, 426 So. 2d 963 (Fla.1983); Kent v. State, 702 So. 2d 265 (Fla. 5th DCA 1997); Rodriguez v. State, 681 So. 2d 728 (Fla. 2d DCA 1996). Evans also concedes there is evidence to support the prior violent felony aggravator and the under sentence of imprisonment ag-gravator but argues they should be given slight weight. Again, Evans has failed to demonstrate error i…
Authorities Cited
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- Faison v. State, 426 So. 2d 963 (Fla. 1983)