Opinion
Case No. 5D18-1102
07-19-2019
CLEM REESE, Appellant, v. STATE OF FLORIDA, Appellee.
James S. Purdy, Public Defender, and Ali L. Hansen, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Deborah A. Chance, Assistant Attorney General, Daytona Beach, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appeal from the Circuit Court for Orange County, Lisa T. Munyon, Judge. James S. Purdy, Public Defender, and Ali L. Hansen, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Deborah A. Chance, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM.
Appellant, Clem Reese, appeals the imposition of two discretionary costs imposed as part of his sentence after he was convicted of possession of a firearm by a convicted felon and possession of twenty or less grams of cannabis. He argues that the trial court erred in denying his Florida Rule of Criminal Procedure 3.800(b) motion challenging the imposition of costs in the amount of (1) $100 for the FDLE Operating Trust Fund because it was not specifically pronounced at sentencing, and (2) $50 for the County Drug Abuse Trust Fund because it was not supported by a finding that Appellant has the ability to pay as required by section 938.21, Florida Statutes (2016).
The State properly concedes error. Therefore, we reverse the imposition of these costs and remand for resentencing. On remand, the trial court may reimpose these costs if it follows the proper procedures. See, e.g., Osterhoudt v. State, 214 So. 3d 550, 551 (Fla. 2017); Cook v. State, 896 So. 2d 870, 872 (Fla. 2d DCA 2005). We otherwise affirm.
AFFIRMED in part; REVERSED in part; and REMANDED. BERGER, EDWARDS and EISNAUGLE, JJ., concur.