Florida District Courts of Appeal, 2012

Williams v. State

Williams v. State
Florida District Courts of Appeal · Decided March 12, 2012 · Benton, Davis, Marstiller
82 So. 3d 186; 2012 WL 769471; 2012 Fla. App. LEXIS 3854 (Southern Reporter, Third Series)

Williams v. State

Opinion

*187 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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