NEFTALI DOMINGUEZ ZENON
v.
STATE OF FLORIDA
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A circuit court must have sufficient findings to justify costs of prosecution under section 938.27, Florida Statutes, and may not impose discretionary operating trust fund costs under section 938.055 without proper justification, and a written sentencing order must conform to the trial court's oral pronouncement of sentence.
[1] A circuit court may not impose a cost of prosecution without sufficient findings in the record to justify the amount.
[2] A discretionary operating trust fund cost must be reversed if the record lacks sufficient justification for its imposition.
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Join FLexlaw to unlock all legal intelligenceNeftali Dominguez Zenon was convicted and sentenced to mandatory life without parole on count one and time served on count two. The circuit court impo…
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Second, the circuit court orally sentenced Zenon to mandatory life without parole on count one and time served on count two. The written judgment reflects both convictions. But only one written sentencing order exists in the record for count one. That sentencing order specifies count one is to run concurrently to count two. On remand, the circuit court shall enter a written sentencing order that conforms to the oral pronouncement. See Moreland v. State, 853 So. 2d 574, 575 (Fla. 4th DCA 2003) (remanding for the trial court to correct the sentencing order to reflect its oral pronouncement). Affirmed in part, reversed in part, and remanded. KLINGENSMITH, C.J., FORST and KUNTZ, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.