Cortez Ford v. State of Florida

This petition presents a timely claim of ineffective assistance of appellate counsel. We find merit in one of the claims raised.

At sentencing, the trial court failed to orally pronounce the imposition of a $1,050.00 fíne pursuant to section 775.083, Florida Statutes, and a $52.50 five percent surcharge pursuant to section 938.04. The fine authorized by section 775.083(1) is discretionary and, thus, it was error for the trial court to impose the fine without specifically pronouncing the fine at the sentencing hearing. See Pullam v. State, 55 So.3d 674, 675 (Fla. 1st DCA 2011). Because this…