Heird v. State

Supreme Court of Florida
Heird v. State, 760 So. 2d 147 (Fla. 2000)
25 Fla. L. Weekly Supp. 482; 2000 Fla. LEXIS 1221; 2000 WL 766496
Anstead, Harding, Lewis, Pariente, Quince, Shaw, Wells

Heird v. State

Opinion of the Court

PER CURIAM.

We have for review a decision of the First District Court of Appeal certifying the following question to be one of great public importance:

DOES THE FAILURE OF THE TRIAL COURT TO ORALLY PRONOUNCE EACH STATUTORILY AUTHORIZED COST INDIVIDUALLY AT THE TIME OF SENTENCING CONSTITUTE FUNDAMENTAL ERROR?

Heird v. State, 734 So.2d 1059 (Fla. 1st DCA 1998). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons expressed in our opinion in Maddox v. State, 760 So.2d 89 (Fla. 2000), we answer the certified question in the negative. Although Heird argues that the record on appeal does not establish that he was in fact served with the written sentencing order, this type of claim is inappropriate for direct appeal. See id. at 106, n. 13. We approve the decision below and find that the unpreserved sentencing errors asserted in this case do not constitute fundamental error.

It is so ordered.

HARDING, C.J., and SHAW, WELLS, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur.

Reference

Full Case Name
Wavell HEIRD v. STATE of Florida
Status
Published