Aguirre v. State

District Court of Appeal of Florida

Aguirre v. State

159 So. 3d 1033, 2015 Fla. App. LEXIS 4591, 2015 WL 1443217

CourtDistrict Court of Appeal of Florida

DecidedMarch 31, 2015

DocketNo. 1D13-6060

StatusPublished

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This text of 159 So. 3d 1033 (Aguirre v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Aguirre v. State, 159 So. 3d 1033, 2015 Fla. App. LEXIS 4591, 2015 WL 1443217 (Fla. Ct. App. 2015).

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Opinion

PER CURIAM.

Appellant, Margarito Curiel-Aguirre, appeals a conviction for vehicular homicide and certain discretionary costs. We reverse and remand.

Appellant was found guilty of DUI manslaughter and vehicular homicide. The trial court agreed that the dual convictions violated the prohibition against double jeopardy, but neglected to then vacate the conviction foy vehicular homicide. The state concedes error on appeal. Accordingly, we order the lower court to vacate the conviction for vehicular manslaughter. See Del Risco v. State, 96 So.3d 1159 (Fla. 3d DCA 2012).

Appellant also challenges the imposition of a discretionary fíne and surcharge that were not orally pronounced at the sentencing hearing. Such fines, pursuant to section 775.083, Florida Statutes (2012), cannot be announced as part of a lump sum, as was done below, but must be specifically pronounced. See, e.g., Coates v. State, 106 So.3d 509 (Fla. 1st DCA 2013); Keel v. State, 134 So.3d 1005 (Fla. 1st DCA 2012): On remand, the trial court may reimpose the fine and surcharge after following the proper procedure. See, e.g., Jones v. State, 107 So.3d 563 (Fla, 1st DCA 2013); Nix v. State, 84 So.3d 424 (Fla. 1st DCA 2012).

REVERSED and REMANDED for further proceedings.

THOMAS and WETHERELL, JJ., and ADRIAN G. SOUD, Associate Judge, concur.

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PER CURIAM.

Appellant, Margarito Curiel-Aguirre, appeals a conviction for vehicular homicide and certain discretionary costs. We reverse and remand.

Appellant was found guilty of DUI manslaughter and vehicular homicide. The trial court agreed that the dual convictions violated the prohibition against double jeopardy, but neglected to then vacate the conviction foy vehicular homicide. The state concedes error on appeal. Accordingly, we order the lower court to vacate the conviction for vehicular manslaughter. See Del Risco v. State, 96 So.3d 1159 (Fla. 3d DCA 2012).

Appellant also challenges the imposition of a discretionary fíne and surcharge that were not orally pronounced at the sentencing hearing. Such fines, pursuant to section 775.083, Florida Statutes (2012), cannot be announced as part of a lump sum, as was done below, but must be specifically pronounced. See, e.g., Coates v. State, 106 So.3d 509 (Fla. 1st DCA 2013); Keel v. State, 134 So.3d 1005 (Fla. 1st DCA 2012): On remand, the trial court may reimpose the fine and surcharge after following the proper procedure. See, e.g., Jones v. State, 107 So.3d 563 (Fla, 1st DCA 2013); Nix v. State, 84 So.3d 424 (Fla. 1st DCA 2012).

REVERSED and REMANDED for further proceedings.

THOMAS and WETHERELL, JJ., and ADRIAN G. SOUD, Associate Judge, concur.

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159 So. 3d 1033, 2015 Fla. App. LEXIS 4591, 2015 WL 1443217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aguirre-v-state-fladistctapp-2015.

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