11-1367&11-1368 MARSHALL S. LAMOREAUX, v. STATE OF FLORIDA

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State: Florida

Court: Florida First District Court

Docket No: 11-1367&11-1368

Case Date: 05/15/2012

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA MARSHALL S. LAMOREAUX, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed May 15, 2012. An appeal from the Circuit Court for Leon County. Josefina Tamayo, Judge. Jeffrey E. Lewis, General Counsel, and Sheila Callahan, Assistant Regional Conflict Counsel, Office of Criminal Conflict and Civil Regional 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. 1D11-1367 & 1D11-1368

PER CURIAM. This consolidated Anders 1 appeal arises from two separate judgments and sentences. We affirm Appellant's convictions and sentences without comment. We

1

Anders v. California, 386 U.S. 738 (1967).

write, however, to address the trial court's imposition of certain costs and fines. For the reasons that follow, we strike the fines and surcharges improperly imposed in both cases and remand with instructions to enter corrected written judgments. At sentencing the trial court ordered Appellant to pay "court costs" of $971.25 in each case. However, the written judgments for fines and costs in both cases ordered Appellant to pay $525.00 as a fine pursuant to section 775.083, Florida Statutes (2010); $26.25 as the five percent surcharge required by section 938.04, Florida Statutes (2010); and $420.00 in mandatory court costs, as well as a $25.00 administrative fee. Appellant filed two motions to correct sentencing errors pursuant to Florida Rule of Criminal Procedure 3.800(b)(2), in which he argued that the trial court had erred by imposing the $525.00 fines which were not orally pronounced at the sentencing hearing and the $26.25 surcharge on the fines. Appellant also argued that the trial court erred in imposing the $25.00 administrative fee without statutory authorization in each case. The trial court granted in part Appellant's motions by striking the $25.00 administrative fee in each case; however, the trial court denied Appellant's other claims. On appeal, appointed counsel for Appellant asserted that she was unable to make a good faith argument that reversible error occurred in the trial court, with the exception of improperly imposing the fines and surcharges. The State concedes that the written judgments improperly imposed the fines and surcharges. We agree. 2

Pursuant to section 775.083(1), a person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment described in section 775.082, Florida Statutes (2010). Moreover, when specifically authorized by statute, a person may be sentenced to pay a fine in lieu of any punishment described in section 775.082.

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