Bussey v. State

District Court of Appeal of Florida

Bussey v. State

674 So. 2d 924, 1996 Fla. App. LEXIS 5910, 1996 WL 295062

District Court of Appeal of Florida·Decided June 5, 1996·No. No. 95-1989·Published·Cited by 1 cases

Opinion

PER CURIAM.

We vacate the order assessing costs against the appellant in accordance with the State’s concession that all discretionary costs assessed in the written order that were not orally pronounced at the sentencing hearing must be stricken. A trial court may impose costs statutorily mandated in a written order even if those costs were not orally announced. See State v. Beasley, 580 So.2d 139 (Fla.1991); Reyes v. State, 655 So.2d 111, 116 (Fla. 2d DCA 1995) (en banc). We therefore instruct the trial court on remand to impose $253.00 in statutorily mandated costs. This sum consists of: $200.00 mandated by section 27.3455, Florida Statutes; $50.00 mandated by section 960.20, Florida Statutes; and $3.00 mandated by section 943.25(3), Florida Statutes. The discretionary $2.00 cost pursuant to section 943.25(13), Florida Statutes, must be stricken because it was not orally announced. See Reyes; Jones v. State, 666 So.2d 191 (Fla. 2d DCA 1995).

VACATED and remanded for treatment consistent with this opinion.

GLICKSTEIN, WARNER and POLEN, JJ., concur.

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PER CURIAM.

We vacate the order assessing costs against the appellant in accordance with the State’s concession that all discretionary costs assessed in the written order that were not orally pronounced at the sentencing hearing must be stricken. A trial court may impose costs statutorily mandated in a written order even if those costs were not orally announced. See State v. Beasley, 580 So.2d 139 (Fla.1991); Reyes v. State, 655 So.2d 111, 116 (Fla. 2d DCA 1995) (en banc). We therefore instruct the trial court on remand to impose $253.00 in statutorily mandated costs. This sum consists of: $200.00 mandated by section 27.3455, Florida Statutes; $50.00 mandated by section 960.20, Florida Statutes; and $3.00 mandated by section 943.25(3), Florida Statutes. The discretionary $2.00 cost pursuant to section 943.25(13), Florida Statutes, must be stricken because it was not orally announced. See Reyes; Jones v. State, 666 So.2d 191 (Fla. 2d DCA 1995).

VACATED and remanded for treatment consistent with this opinion.

GLICKSTEIN, WARNER and POLEN, JJ., concur.

Bussey v. State, 674 So. 2d 924, 1996 Fla. App. LEXIS 5910, 1996 WL 295062 (Fla. Ct. App. 1996).

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Opinion

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