RUFUS B. JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2013-02-28
No. 1D11-6056
DAVIS, RAY, and SWANSON, JJ., concur.
107 So. 3d 563 Florida District Court of Appeal, First District (2013) Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Rufus B. Jones, Appellant, challenges his conviction and sentence for attempted second-degree murder with the use of a firearm. We affirm his conviction and sentence but reverse as to the imposition of a fine under section 775.083(1), Florida Statutes (2010), and the resulting surcharge under section 938.04, Florida Statutes (2010). Because the trial court did not announce this discretionary fine and the related surcharge individually at the sentencing hearing, the State properly concedes error under the authority of Nix v. State, 84 So.3d 424 (Fla. 1st DCA 2012). Accordingly, we reverse and remand as to this matter only. As we stated in Nix, “[o]n remand, the trial court may reimpose the fine and surcharge after providing notice to Appellant and following the proper procedure.” 84 So.3d at 426.

AFFIRMED in part; REVERSED in part; and REMANDED.

DAVIS, RAY, and SWANSON, JJ., concur.

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  • Margarito Curiel Aguirre v. State, 159 So. 3d 1033 (Fla. 1st DCA 2015)
    …nced. See, e.g., Coates v. State, 106 So. 3d 509 (Fla. 1st DCA 2013); Keel v. State, 134 So. 3d 1005 (Fla. 1st DCA 2012): On remand, the trial court may reimpose the fine and surcharge after following the proper procedure. See, e.g., Jones v. State, 107 So. 3d 563 (Fla, 1st DCA 2013); Nix v. State, 84 So. 3d 424 (Fla. 1st DCA 2012). REVERSED and REMANDED for further proceedings. THOMAS and WETHERELL, JJ., and ADRIAN G. SOUD, Associate Judge, concur.…
  • Jones v. State (Fla. 1st DCA 2019)

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