JAMES R. WOLDSETH
v.
STATE OF FLORIDA

Fla. 2d DCA | 2018-11-16
No. 16-2354
261 So. 3d 660 Florida District Court of Appeal, Second District (2018) Positive Treatment
Cited by 2 cases

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Holding

Trial court costs and fees must be stricken when they are orally waived at the resentencing hearing.


Headnotes

[1] Court costs and fees that are orally waived at a resentencing hearing must be stricken and not imposed.

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Facts & Procedural History

Woldseth appealed his amended sentences after a postconviction court granted his Rule 3.850 motion, vacating one conviction and resentencing him on re…

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Opinion of the Court

SLEET, Judge.

James Woldseth appeals his amended sentences after the postconviction court granted his Florida Rule of Criminal Procedure 3.850 motion, vacating one of his convictions and resentencing him on his remaining offenses. We affirm Woldseth’s amended sentences and restitution order of $823,233.88 to the victim. However, on appeal he argues that the trial court erroneously imposed costs and fees when it Appeal from the Circuit Court for Pinellas County; Michael F. Andrews, Judge.

James R. Woldseth, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Helene S. Parnes, Special Assistant Attorney General, Tampa, for Appellee.

resentenced Woldseth on May 10, 2017. We agree. Because costs and fees were orally waived at the resentencing hearing, we reverse and remand for the trial court to strike the award of court costs and fees.

Affirmed in part, reversed in part, and remanded with instructions.

KELLY, and MORRIS, JJ., Concur.


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