Drayton v. State
District Court of Appeal of Florida
1Per curiam
We affirm Appellant’s convictions and sentences for attempted second-degree murder and armed robbery with a firearm. 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 “$2,625 in court 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 trial court may reimpose the assessments after giving…
2Cases cited5 opinions
- State v. AndersonSupreme Court of Florida · 2005
- Pullam v. StateDistrict Court of Appeal of Florida · 2011
- Smiley v. StateDistrict Court of Appeal of Florida · 1997
- Oliver v. StateDistrict Court of Appeal of Florida · 2011
- Herrin v. StateDistrict Court of Appeal of Florida · 2011
3Cited by5 opinions
- Carter v. StateDistrict Court of Appeal of Florida · 2015
- Colson v. StateDistrict Court of Appeal of Florida · 2013
- Penn v. StateDistrict Court of Appeal of Florida · 2016
- Mojica v. StateDistrict Court of Appeal of Florida · 2016
- Keith Penn v. State of FloridaDistrict Court of Appeal of Florida · 2016