Engeseth v. State

760 So. 2d 149, 25 Fla. L. Weekly Supp. 482, 2000 Fla. LEXIS 1228, 2000 WL 766568
Supreme Court of Florida·Decided June 15, 2000·No. No. SC95003·Published

Opinion

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?

Engeseth v. State, 725 So.2d 428 (Fla. 1st DCA 1999). 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. 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.

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Engeseth v. State, 760 So. 2d 149, 25 Fla. L. Weekly Supp. 482, 2000 Fla. LEXIS 1228, 2000 WL 766568 (Fla. 2000).

760 So. 2d 149 (Engeseth v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Engeseth v. State
725 So. 2d 428 (District Court of Appeal of Florida, 1999)
Maddox v. State
760 So. 2d 89 (Supreme Court of Florida, 2000)