McCray v. State
This text of 760 So. 2d 148 (McCray v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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?
McCray v. State, 24 Fla. L. Weekly D75, — So.2d -, 1998 WL 895452 (Fla. 1st DCA Dec.28, 1998). We have jurisdiction. [149]*149See 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.
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Cite This Page — Counsel Stack
760 So. 2d 148, 25 Fla. L. Weekly Supp. 482, 2000 Fla. LEXIS 1227, 2000 WL 766504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccray-v-state-fla-2000.