Summary
affirming sentence but remanding for clerk to fulfill trial court's order striking discretionary costs which had not been orally pronounced where amended sentencing documents failed to fully effectuate trial court's order
Summary of this case from Johnson v. StateOpinion
Case No. 2D18-3109
06-17-2020
Christina RODRIGUEZ, Appellant, v. STATE of Florida, Appellee.
Howard L. Dimmig, II, Public Defender, and Stephania A. Gournaris, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.
Howard L. Dimmig, II, Public Defender, and Stephania A. Gournaris, Assistant Public Defender, Bartow, for Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
PER CURIAM.
In this Anders appeal, Christina Rodriguez appeals four convictions from two separate cases. We affirm the convictions and sentences without comment. But we note that there is a discrepancy in the costs imposed, and we remand for correction.
Rodriguez entered negotiated guilty pleas in both cases at the same time, and all of the sentences were imposed at the same hearing. While this appeal of those cases was pending, Rodriguez filed a Florida Rule of Criminal Procedure 3.800(b)(2) motion to correct a sentencing error, asserting that the prosecution and public defender costs that the court imposed had not been orally pronounced at sentencing, as required. See Osterhoudt v. State, 214 So. 3d 550, 551 (Fla. 2017). The trial court agreed and struck those discretionary costs, with the exception of the public defender application fee, which is mandatory and does not need to be orally pronounced. See Dabel v. State, 79 So. 3d 873, 875 (Fla. 4th DCA 2012). However, the amended sentencing documents reflect that the clerk only struck the discretionary costs in one of Rodriguez's two cases (18-CF-2476). We therefore remand for the clerk to fulfill the trial court's order and strike the discretionary costs from the second case (18-CF-4445) as well.
Affirmed and remanded.
NORTHCUTT, LaROSE, and SMITH, JJ., Concur.
Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).