RONNIE JACKSON
v.
STATE OF FLORIDA

Fla. 5th DCA | 2021-03-12
No. 20-0062
Harris, J., Edwards, J., Traver, J., Howard, J.
Florida District Court of Appeal, Fifth District (2021)

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Holding

A trial court must orally pronounce costs at sentencing, and failure to do so requires reversal and remand of the cost imposition.

Headnotes

[1] A trial court must orally pronounce costs at sentencing; failure to do so requires reversal and remand of the cost imposition, though the court may reimpose the cost on r…

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Facts & Procedural History

Ronnie Jackson was convicted and sentenced by the Circuit Court for Citrus County. The trial court imposed a $200 cost for the FDLE Operating Trust Fu…

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Topics
Sentencing Procedure Anders Appeal Sentencing Appellate Review

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Opinion of the Court
Harris

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES

TO

FILE

MOTION

FOR

REHEARING AND DISPOSITION

THEREOF IF FILED

RONNIE JACKSON, Appellant, v. Case No. 5D20-62 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed March 12, 2021 Appeal from the Circuit Court for Citrus County, Richard A. Howard, Judge Matthew J. Metz, Public Defender, and Edward

J. Weiss, Assistant Public Defender, Daytona

Beach, for Appellant. Ronnie Jackson, Milton, pro se. Ashley Moody, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee.

HARRIS, J.

Footnotes
2 In this Anders1 appeal, we affirm Ronnie Jackson’s judgment and sentence. However, we reverse and remand the imposition of the $200 cost ($100 x 2) for the FDLE Operating Trust Fund pursuant to section 938.055, Florida Statutes (2019). The trial court did not orally pronounce this cost at sentencing. See Rolfe v. State, 291 So. 3d 1283 (Fla. 5th DCA 2020); see also Montanez v. State, 275 So. 3d 1265, 1265– 66 (Fla. 5th DCA 2019). If applicable and procedurally justified, the trial court may reimpose the cost on remand. AFFIRMED in part; REVERSED in part; and REMANDED. EDWARDS and TRAVER, JJ., concur. 1 Anders v. California, 386 U.S. 738 (1967).

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