NICKEOUS LAMONT JENKINS
v.
STATE OF FLORIDA
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In this Anders appeal, the Fifth District Court of Appeal affirmed Nickeous Lamont Jenkins' judgment and sentence but remanded for correction of scrivener's errors in the sentencing documents. The court struck a $250 discretionary fine and $12.50 surcharge that were not orally pronounced at sentencing, as required by Florida law.
The court affirmed the judgment and sentence but held that the $250 discretionary fine and $12.50 surcharge must be stricken because the trial court failed to orally pronounce them at sentencing, as required by due process and Florida law.
[1] A discretionary fine must be orally pronounced at sentencing.
[2] An additional surcharge authorized by statute cannot be imposed if the underlying fine was not properly imposed.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“trial courts must individually pronounce discretionary fees, costs, and fines during a sentencing hearing to comply with due process requirements”
Establishes the fundamental requirement that discretionary fines must be orally pronounced at sentencing
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Join FLexlaw to unlock all legal intelligenceJenkins was convicted in case number 2022-CF-003423-A. The trial court issued a written sentence and amended final judgment that imposed a $250.00 dis…
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PER CURIAM.
In this Anders1 appeal, we affirm Nickeous Lamont Jenkins’ judgment and sentence in L.T. Case No. 2022-CF-003423-A. However, we remand for the correction of scrivener’s errors in the written sentence and the amended final judgment accessing charges, costs, and fines. Both the written sentence and the amended final judgment impose a $250.00 discretionary fine pursuant to section 775.083, Florida Statutes, as well as the additional imposition of $12.50, representing the 5% surcharge on the $250.00 fine, pursuant to section 938.04, Florida Statutes. The trial court did not orally pronounce this fine at sentencing; and the fine and surcharge should accordingly be stricken. See Osterhoudt v. State, 214 So. 3d 550, 551 (Fla. 2017) (holding that “trial courts must individually pronounce discretionary fees, costs, and fines during a sentencing hearing to comply with due process requirements”); see also Lamoreaux v. State, 88 So. 3d 379, 381 (Fla. 1st DCA 2012) (explaining that “[a] discretionary fine imposed and the statutory surcharge on the fine must be stricken if the discretionary fine was not orally pronounced at sentencing”). Because correction of these scrivener’s errors is merely ministerial, Jenkins does not need to be present. See Walker v. State, 393 So. 3d 274, 276 (Fla. 5th DCA 2024) (“Because this resentencing to correct a scrivener’s error is simply a ministerial act, Appellant need not be present.” (citation omitted)). AFFIRMED; and REMANDED with instructions. MAKAR, EISNAUGLE, and BOATWRIGHT, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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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)
- Lamoreaux v. State, 88 So. 3d 379 (Fla. 1st DCA 2012)
- Donell Dowell v. State, 393 So. 3d 274 (Fla. 5th DCA 2025)