Florida District Courts of Appeal, 2016

Singletary v. State

Singletary v. State
Florida District Courts of Appeal · Decided August 10, 2016 · Silberman, Northcutt, Sleet
198 So. 3d 973; 2016 Fla. App. LEXIS 12031; 2016 WL 4204029 (Southern Reporter, Third Series)

Singletary v. State

Opinion

SILBERMAN, Judge.

James Singletary, who was convicted of dealing in stolen property and providing false information to a pawn broker, appeals his sentences imposed after revocation of his probation. Specifically, Single- *974 tary challenges the imposition of various costs without the citation of statutory authority.' ' He preserved this issue by filing a Florida Rule of Criminal Procedure 3.800(b)(2) motion to correct sentencing error. The record reflects that this motion was granted,' but because a written order was not filed within the time specified, the motion was deemed denied under rule 3.800(b)(2)(B). 1 The State has appropriately conceded error in this appeal. Accordingly, we affirm Singletary’s judgments and sentences but strike the costs.

“The statutory authority for all costs imposed, whether they are mandatory or discretionary, must be cited in the written order.” Vick v. State, 37 So.3d 951, 952 (Fla. 2d DCA 2010) (quoting Kirby v. State, 695 So.2d 889, 890 (Fla. 2d DCA 1997)). On remand, the trial court may again impose these costs if it cites the statutory authority underlying their assessment. See Vick, 37 So.3d at 952.

Affirmed in part, reversed in part, and remanded with directions.

NORTHCUTT and SLEET, JJ., concur.
1

. A virtually identical situation occurred in Sanders v. State, 189 So.3d 946 (Fla. 2d DCA 2016).

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