Giles v. State

Mr. Michael Giles appeals his judgment and sentence for aggravated battery with a deadly weapon in connection with his actions during the early morning hours of February 6, 2010. We affirm his conviction without comment, but we find the state’s concession of error to be proper with respect to the fines, surcharges, and costs imposed at sentencing.

“The fine authorized by section 775.083(1) is discretionary and, thus, it was error for the trial court to impose the $1,050 fine under this statute without specifically pronouncing the fine at the sentencing hearing.” Nix v. State, 84 So.3d 424, 426…