Opinion
No. 2D14–3535.
03-30-2016
Najee SANDERS, Appellant, v. STATE of Florida, Appellee.
Howard L. Dimmig, II, Public Defender, and William L. Sharwell, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
Howard L. Dimmig, II, Public Defender, and William L. Sharwell, Assistant Public Defender, Bartow, for Appellant.
Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
Opinion
KELLY, Judge.
Najee Sanders challenges the revocation of his probation and the resulting sentence on his underlying conviction for felony battery. We affirm the revocation of Sanders' probation and his sentence without comment, but reverse and remand because the circuit court erred in imposing certain costs. Sanders preserved his challenge to this sentencing error by filing a motion pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). Although the record reflects that the circuit court granted Sanders' motion, the motion was deemed denied when an amended sentence was not filed within the time specified by rule 3.800(b)(2).
At sentencing, the circuit court orally pronounced that “[m]inimum, mandatory costs [be] imposed as a lien.” The written sentence reflects various costs, but provides no statutory basis for their assessment. “The statutory authority for all costs imposed, whether they are mandatory or discretionary, must be cited in the written order.” Kirby v. State, 695 So.2d 889, 890 (Fla. 2d DCA 1997). Therefore, we strike the costs imposed. On remand, the circuit court may reimpose these costs if it provides statutory authority for their assessment. See id.;McGee v. State, 963 So.2d 931, 932 (Fla. 2d DCA 2007).
Affirmed in part, reversed in part, and remanded with directions.
KHOUZAM and CRENSHAW, JJ., Concur.