10-6452 DANSHAYE WILLIAMS v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 10-6452

Case Date: 03/12/2012

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA DANSHAYE WILLIAMS, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed March 12, 2012. An appeal from the Circuit Court for Leon County. James C. Hankinson, Judge. Sheila Callahan, Assistant Conflict Counsel, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D10-6452

PER CURIAM. We affirm Appellant's conviction and fifteen-year Prison Releasee Reoffender sentence for burglary of a dwelling. However, we reverse the

"Judgment for Fines, Costs, Fees and Surcharges" because the trial court failed to delineate the discretionary fine(s) when announcing at sentencing that it would impose $1,522.50 in costs and fines. Discretionary fines must be orally

pronounced at sentencing. See Pullam v. State, 55 So. 3d 674, 675 (Fla. 1st DCA 2011); Smiley v. State, 704 So. 2d 191, 195 (Fla. 1st DCA 1997). On remand, the court may reimpose the assessments after giving Appellant notice and following the proper procedure. See Oliver v. State, 75 So. 3d 349, 350 (Fla. 1st DCA 2011). AFFIRMED in part; REVERSED in part; REMANDED.

BENTON, C.J., DAVIS, and MARSTILLER, JJ., CONCUR.

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