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Giles v. State

District Court of Appeal of Florida, First District.
Jan 10, 2013
103 So. 3d 1058 (Fla. Dist. Ct. App. 2013)

Summary

holding a fine pursuant to section 775.083 was discretionary, and because it and its accompanying surcharge pursuant to section 938.04 were not specifically announced during the sentencing hearing, they should be stricken

Summary of this case from Cannon v. State

Opinion

No. 1D11–4311.

2013-01-10

Michael J. GILES, Appellant, v. STATE Of Florida, Appellee.

Michael Ufferman of Michael Ufferman Law Firm, P.A., Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Samuel A. Perrone, Assistant Attorney General, Tallahassee, for Appellee.



Michael Ufferman of Michael Ufferman Law Firm, P.A., Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Samuel A. Perrone, Assistant Attorney General, Tallahassee, for Appellee.
PER CURIAM.

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 (Fla. 1st DCA 2012). Additionally, “[b]ecause this fine was erroneously imposed, the surcharge under section 938.04, which is based on the amount of fine, must also be reversed.” Id. Similarly, under the relevant version of the statute, because the trial court erred in imposing the fine, the $20 court cost imposed pursuant to section 938.06 must also be stricken. See Sanders v. State, 101 So.3d 373 (Fla. 1st DCA 2012); Mallory v. State, 70 So.3d 738 (Fla. 1st DCA 2011); Pullam v. State, 55 So.3d 674, 675 (Fla. 1st DCA 2011).

On remand, the trial court may reimpose the assessments after providing notice to Appellant and following the proper procedure. Nix, 84 So.3d at 426.

REVERSED and REMANDED.

DAVIS, VAN NORTWICK, and ROWE, JJ., concur.


Summaries of

Giles v. State

District Court of Appeal of Florida, First District.
Jan 10, 2013
103 So. 3d 1058 (Fla. Dist. Ct. App. 2013)

holding a fine pursuant to section 775.083 was discretionary, and because it and its accompanying surcharge pursuant to section 938.04 were not specifically announced during the sentencing hearing, they should be stricken

Summary of this case from Cannon v. State
Case details for

Giles v. State

Case Details

Full title:Michael J. GILES, Appellant, v. STATE Of Florida, Appellee.

Court:District Court of Appeal of Florida, First District.

Date published: Jan 10, 2013

Citations

103 So. 3d 1058 (Fla. Dist. Ct. App. 2013)

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