BRIAN PIERRE CONSTANT, III
v.
STATE OF FLORIDA
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A trial court may not impose a fine on a conviction for first-degree murder, a capital felony, as section 775.083(1), Florida Statutes, authorizes fines only for convictions of offenses other than capital felonies.
[1] A fine may not be imposed upon conviction of a capital felony, as section 775.083(1), Florida Statutes, restricts fine authority to convictions of offenses other than cap…
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Join FLexlaw to unlock all legal intelligence“A person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment . . . .”
Court cites to § 775.083(1), Fla. Stat., interpreting the statutory language to prohibit fines for capital felonies.
Appellant was convicted of first-degree murder in count three of the indictment and sentenced to penalties including a $500 fine and surcharge. First-…
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January 17, 2025 PER CURIAM.
In this Anders1 appeal, we affirm Appellant’s convictions and sentences. However, we reverse the trial court’s imposition of a $500 fine and surcharge on count three of the indictment.
Appellant was convicted of first-degree murder in count three of the indictment, which is classified as a capital offense under Florida law. Section 775.083(1), Florida Statutes (2018), does not authorize the imposition of a fine on this count. See § 775.083(1), Fla. Stat. (“A person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment . . . .” (emphasis added)); see also Hare v. State, 687 So. 2d 1371 (Fla. 5th DCA 1997); Carroll v. State, 392 So. 3d 1109 (Fla. 5th DCA 2024).
Accordingly, while we affirm the convictions and sentences imposed on each count, we reverse the imposition of the $500 fine and related surcharge on count three of the indictment, and we remand to the trial court for entry of an amended judgment and sentence consistent with this opinion.
AFFIRMED IN PART; REVERSED IN PART; REMANDED with instructions. BOATWRIGHT, KILBANE, and PRATT, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Dawson v. State, 392 So. 3d 1109 (Fla. 5th DCA 2025)
- Hare v. State, 687 So. 2d 1371 (Fla. 5th DCA 1997)