CHRISTINA RODRIGUEZ
v.
STATE OF FLORIDA
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Discretionary prosecution and public defender costs that were not orally pronounced at sentencing must be struck, but the public defender application fee, being mandatory, does not require oral pronouncement.
[1] Discretionary prosecution and public defender costs imposed at sentencing must be orally pronounced to be valid, but the public defender application fee, being mandatory,…
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Join FLexlaw to unlock all legal intelligence“the prosecution and public defender costs that the court imposed had not been orally pronounced at sentencing, as required”
Statement of the issue regarding sentencing costs
Rodriguez entered negotiated guilty pleas in two separate cases and received sentences at a single hearing. After appeal was pending, she filed a moti…
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
CHRISTINA RODRIGUEZ, ) ) Appellant, ) ) v. ) Case No. 2D18-3109 ) STATE OF FLORIDA, ) ) Appellee. ) ________________________________ ) Opinion filed June 17, 2020. Appeal from the Circuit Court for Hillsborough County; Laura E. Ward, Judge. Howard L. Dimmig, II, Public Defender, and Stephania A. Gournaris, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.
PER CURIAM.
In this Anders1 appeal, Christina Rodriguez appeals four convictions from two separate cases. We affirm the convictions and sentences without comment. But we note that there is a discrepancy in the costs imposed, and we remand for correction. 1Anders v. California, 386 U.S. 738 (1967).
Rodriguez entered negotiated guilty pleas in both cases at the same time, and all of the sentences were imposed at the same hearing. While this appeal of those cases was pending, Rodriguez filed a Florida Rule of Criminal Procedure 3.800(b)(2) motion to correct a sentencing error, asserting that the prosecution and public defender costs that the court imposed had not been orally pronounced at sentencing, as required. See Osterhoudt v. State, 214 So. 3d 550, 551 (Fla. 2017). The trial court agreed and struck those discretionary costs, with the exception of the public defender application fee, which is mandatory and does not need to be orally pronounced. See Dabel v. State, 79 So. 3d 873, 875 (Fla. 4th DCA 2012). However, the amended sentencing documents reflect that the clerk only struck the discretionary costs in one of Rodriguez's two cases (18-CF-2476). We therefore remand for the clerk to fulfill the trial court's order and strike the discretionary costs from the second case (18-CF-4445) as well. Affirmed and remanded. NORTHCUTT, LaROSE, and SMITH, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Osterhoudt v. State, 214 So. 3d 550 (Fla. 2017)
- Ernst Exavier v. State, 79 So. 3d 873 (Fla. 4th DCA 2012)