From Casetext: Smarter Legal Research

Williams v. State

District Court of Appeal of Florida, First District.
Mar 12, 2012
82 So. 3d 186 (Fla. Dist. Ct. App. 2012)
Download
PDF
Check
Treatment

Summary

holding that when a trial court imposes a discretionary fine, the court is required to announce the discretionary nature of the fine at sentencing

Summary of this case from Mayhugh v. State
See 6 Summaries

Opinion

No. 1D10–6452.

2012-03-12

Danshaye WILLIAMS, Appellant, v. STATE of Florida, Appellee.

An appeal from the Circuit Court for Leon County. James C. Hankinson, Judge.Sheila Callahan, Assistant Conflict Counsel, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

An appeal from the Circuit Court for Leon County. James C. Hankinson, Judge.Sheila Callahan, Assistant Conflict Counsel, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.

We affirm Appellant's conviction and fifteen-year Prison Releasee Reoffender sentence for burglary of a dwelling. However, we reverse the “Judgment for Fines, Costs, Fees and Surcharges” because the trial court failed to delineate the discretionary fine(s) when announcing at sentencing that it would impose $1,522.50 in costs and fines. Discretionary fines must be orally pronounced at sentencing. See Pullam v. State, 55 So.3d 674, 675 (Fla. 1st DCA 2011); Smiley v. State, 704 So.2d 191, 195 (Fla. 1st DCA 1997). On remand, the court may reimpose the assessments after giving Appellant notice and following the proper procedure. See Oliver v. State, 75 So.3d 349, 350 (Fla. 1st DCA 2011).

AFFIRMED in part; REVERSED in part; REMANDED.

BENTON, C.J., DAVIS, and MARSTILLER, JJ., concur.

Summaries of

Williams v. State

District Court of Appeal of Florida, First District.
Mar 12, 2012
82 So. 3d 186 (Fla. Dist. Ct. App. 2012)

holding that when a trial court imposes a discretionary fine, the court is required to announce the discretionary nature of the fine at sentencing

Summary of this case from Mayhugh v. State

reversing judgment for fines, costs and surcharges “because the trial court failed to delineate the discretionary fine when announcing at sentencing that it would impose $1,522.50 in costs and fines,” and stating that the assessments may be reimposed on remand after giving the defendant notice and following the proper procedure

Summary of this case from Ford v. State

reversing judgment for fines, costs and surcharges “because the trial court failed to delineate the discretionary fine when announcing at sentencing that it would impose $1,522.50 in costs and fines,” and stating that the assessments may be reimposed on remand after giving Appellant notice and following the proper procedure

Summary of this case from Talbot v. State

reversing judgment for fines, costs, and surcharges “because the trial court failed to delineate the discretionary fine when announcing at sentencing that it would impose $1,522.50 in costs and fines,” and stating the assessments may be re-imposed on remand after giving appellant notice and following proper procedure

Summary of this case from Sharpe v. State

reversing judgment for fines, costs, and surcharges "because the trial court failed to delineate the discretionary fine when announcing at sentencing that it would impose $1,522.50 in costs and fines," and stating the assessments may be re-imposed on remand after giving appellant notice and following proper procedure

Summary of this case from Sharpe v. State

reversing judgment for fines, costs and surcharges "because the trial court failed to delineate the discretionary fine when announcing at sentencing that it would impose $1,522.50 in costs and fines," and stating that the assessments may be reimposed on remand after giving Appellant notice and following the proper procedure

Summary of this case from Nix v. State
Case details for

Williams v. State

Case Details

Full title:Danshaye WILLIAMS, Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, First District.

Date published: Mar 12, 2012

Citations

82 So. 3d 186 (Fla. Dist. Ct. App. 2012)

Citing Cases

Woodson v. State

In this Anders appeal, we affirm the judgment and sentence in all respects but one. We reverse the imposition…

Williams v. Jones

Ex. F. On March 12, 2012, the First DCA affirmed his conviction and sentence, but reversed and remanded…

8 Citing Cases