Summary
striking imposition of costs not orally announced at sentencing
Summary of this case from Maddox v. StateOpinion
Case No. 96-0775
Opinion filed August 13, 1997
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Barry E. Goldstein, Judge; L.T. Case No. 93-18408 CF10.
Richard L. Jorandby, Public Defender, and Susan D. Cline, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, and Sarah B. Mayer, Assistant Attorney General, West Palm Beach, for appellee.
We affirm the conviction in all respects but remand to correct sentencing errors. The sentencing orders erroneously reflect that defendant pleaded guilty when, actually, he was convicted after a jury trial. We also agree with defendant that the assessment of victim costs was not orally pronounced in the open court and is stricken. See Reyes v. State, 655 So.2d 111,112 (Fla. 2d DCA 1995) (trial court must give defendant notice of discretionary costs being imposed at sentencing in a manner sufficient for the defendant to know the legal basis for the costs imposed and an opportunity to object to the imposition of those costs).
CONVICTION AFFIRMED; REMANDED TO CORRECT SENTENCING ERRORS.
WARNER, FARMER and PARIENTE, JJ., concur.