Davis v. State

VILLANTI, Judge.

Curay Jerome Davis challenges the trial court's imposition of a $ 500 fine and 5% surcharge. Davis properly preserved this issue by filing a motion to correct sentencing error under Florida Rule of Criminal Procedure 3.800(b)(2). The State responded by arguing that the fine was a mandatory fine, relying on *878section 893.13(1)(d)(3), Florida Statutes (2017). But the statute did not factually apply to Davis's case because he was not charged with the sale of a controlled substance within 1000 feet of a proscribed location. Rather, the fine was discretionary and the trial court was…