Coates v. State

District Court of Appeal of Florida

Coates v. State

106 So. 3d 509, 2013 WL 363722, 2013 Fla. App. LEXIS 1502

CourtDistrict Court of Appeal of Florida

DecidedJanuary 31, 2013

DocketNo. 1D11-2503

StatusPublished

Cited by1 cases

This text of 106 So. 3d 509 (Coates 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.

Bluebook

Coates v. State, 106 So. 3d 509, 2013 WL 363722, 2013 Fla. App. LEXIS 1502 (Fla. Ct. App. 2013).

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Opinion

PER CURIAM.

We find no error in the convictions or in the terms of the sentences imposed by the court, but we reverse for the correction of two errors in the assessment of fines, fees, and costs. The discretionary fine imposed in each of the cases in the lower tribunal and the surcharges imposed on those fines are reversed on the ground that they were imposed as a lump sum for both circuit court cases at the sentencing hearing, without an oral pronouncement of'the basis therefor. See Williams v. State, 845 So.2d 987, 989 (Fla. 1st DCA 2003); Dodson v. State, 710 So.2d 159, 160-61 (Fla. 1st DCA 1998), quashed on other grounds, 760 So.2d 145 (Fla.2000); Smiley v. State, 704 So.2d 191, 195 (Fla. 1st DCA 1997). The fee for the public defender’s services is reversed on the ground that the defendant was not given notice of his right to contest the fee. See Fla. R.Crim. P. 3.720(d)(1); Vaughn v. State, 65 So.3d 138, 139 (Fla. 1st DCA 2011); Parker v. State, 44 So.3d 1190, 1191 (Fla. 1st DCA 2010). In all other respects, the convictions and sentences are affirmed.

DAVIS, VAN NORTWICK, and PADOVANO, JJ., concur.

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PER CURIAM.

We find no error in the convictions or in the terms of the sentences imposed by the court, but we reverse for the correction of two errors in the assessment of fines, fees, and costs. The discretionary fine imposed in each of the cases in the lower tribunal and the surcharges imposed on those fines are reversed on the ground that they were imposed as a lump sum for both circuit court cases at the sentencing hearing, without an oral pronouncement of'the basis therefor. See Williams v. State, 845 So.2d 987, 989 (Fla. 1st DCA 2003); Dodson v. State, 710 So.2d 159, 160-61 (Fla. 1st DCA 1998), quashed on other grounds, 760 So.2d 145 (Fla.2000); Smiley v. State, 704 So.2d 191, 195 (Fla. 1st DCA 1997). The fee for the public defender’s services is reversed on the ground that the defendant was not given notice of his right to contest the fee. See Fla. R.Crim. P. 3.720(d)(1); Vaughn v. State, 65 So.3d 138, 139 (Fla. 1st DCA 2011); Parker v. State, 44 So.3d 1190, 1191 (Fla. 1st DCA 2010). In all other respects, the convictions and sentences are affirmed.

DAVIS, VAN NORTWICK, and PADOVANO, JJ., concur.

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Bluebook (online)

106 So. 3d 509, 2013 WL 363722, 2013 Fla. App. LEXIS 1502, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coates-v-state-fladistctapp-2013.

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