Opinion
1D20-3779
02-01-2023
Casey Martina, Appellant, v. State of Florida, Appellee.
Jessica J. Yeary, Public Defender, and Danielle Jorden, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Julian Markham, Assistant Attorney General, Tallahassee, for Appellee.
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
On appeal from the Circuit Court for Wakulla County. Ronald W. Flury, Judge.
Jessica J. Yeary, Public Defender, and Danielle Jorden, Assistant Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, and Julian Markham, Assistant Attorney General, Tallahassee, for Appellee.
PER CURIAM.
Casey Martina appeals his sentence, arguing that the trial court reversibly erred when it imposed a discretionary fine and surcharge at sentencing without notice and an opportunity to be heard.
Martina challenges the $1,000 discretionary fine imposed under section 775.083, Florida Statutes, and the $50.00 surcharge imposed under section 938.04, Florida Statutes. Martina preserved this issue by filing a motion under Florida Rule of Criminal Procedure 3.800(b)(2). The trial court did not rule on the motion within sixty days so it is deemed denied. Martina asserts that the trial court erred by not granting his motion.
We agree. "[D]iscretionary costs must be orally pronounced at sentencing because such costs may not be imposed without affording the defendant notice and an opportunity to be heard." Nix v. State, 84 So.3d 424, 426 (Fla. 1st DCA 2012). Because the trial court did not orally pronounce them at sentencing, we vacate the sentencing order as to the fine and the surcharge. See Jack v. State, 349 So.3d 925, 927 (Fla. 1st DCA 2022. We otherwise affirm the sentencing order. On remand, the trial court must render a corrected sentencing order that reflects our disposition.
AFFIRMED in part, VACATED in part, and REMANDED with instructions.
ROWE, C.J., and BILBREY and TANENBAUM, JJ., concur.