Legal Opinion

Drayton v. State

District Court of Appeal of Florida

Decided May 23, 2012No. 1D11-1416PublishedCited by 5 opinions

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

  1. State v. AndersonSupreme Court of Florida · 2005
  2. Pullam v. StateDistrict Court of Appeal of Florida · 2011
  3. Smiley v. StateDistrict Court of Appeal of Florida · 1997
  4. Oliver v. StateDistrict Court of Appeal of Florida · 2011
  5. Herrin v. StateDistrict Court of Appeal of Florida · 2011

3Cited by5 opinions

  1. Carter v. StateDistrict Court of Appeal of Florida · 2015
  2. Colson v. StateDistrict Court of Appeal of Florida · 2013
  3. Penn v. StateDistrict Court of Appeal of Florida · 2016
  4. Mojica v. StateDistrict Court of Appeal of Florida · 2016
  5. Keith Penn v. State of FloridaDistrict Court of Appeal of Florida · 2016

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