DEVASSE THOMPSON v. STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: May 24, 2024
• Docket: 2023-2376
• Status: Published

Opinion

SIXTH DISTRICT COURT OF APPEAL STATE OF FLORIDA

_____________________________

Case No. 6D23-2376 Lower Tribunal No. CF22-007468-XX _____________________________

DEVASSE THOMPSON,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

Appeal from the Circuit Court for Polk County. Dana Y. Moore, Judge.

May 24, 2024

SMITH, J.

Devasse Thompson (“Thompson”) appeals the judgment and sentence

imposed following his no contest plea to three separate charges,1 arguing that the

trial court erroneously ordered him to pay costs of supervision after he was sentenced

1 The charges included single counts of burglary of a dwelling, trespass on property other than a structure or conveyance, and resisting an officer without violence. to a prison term, even though neither probation, community control, nor other forms

of supervision were part of his sentence. The State concedes the point in its brief,

attributing it to a likely scrivener’s error; we agree that Thompson’s position is well

taken. See § 948.09(1)(a)(1), Fla. Stat. (2022) (“Any person ordered by the court,

the Department of Corrections, or the Florida Commission on Offender Review to

be placed under supervision under this chapter, chapter 944, chapter 945, chapter

947, or chapter 958, or in a pretrial intervention program, must . . . pay the

department a total sum of money equal to the total month or portion of a month of

supervision times the court-ordered amount, but not to exceed the actual per diem

cost of the supervision.”) (emphasis added).

During the pendency of this appeal, Thompson also raised this issue through

a motion to correct sentencing error under Florida Rule of Criminal Procedure

3.800(b)(2). The motion should have been granted, but because it was not ruled on

within sixty days, it was deemed automatically denied. Fla. R. Crim. P.

3.800(b)(2)(B) (“[I]f the trial court does not file an order ruling on the motion within

60 days, the motion shall be deemed denied.”). This denial was erroneous, thus we

reverse and remand with instructions for the trial court to enter a corrected judgment

removing the supervision costs.

REVERSED and REMANDED with instructions.

MIZE and GANNAM, JJ., concur.

2 Howard L. “Rex” Dimmig, II, Public Defender, and Stephania A. Valantasis, Assistant Public Defender, Bartow, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Katherine Coombs Cline, Senior Assistant Attorney General, Tampa, for Appellee.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF TIMELY FILED