Michael Anthony Arcamone v. The State of Florida

• Court: District Court of Appeal of Florida
• Decided: July 3, 2024
• Docket: 2022-1836
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed July 3, 2024. Not final until disposition of timely filed motion for rehearing. ________________

No. 3D22-1836 Lower Tribunal No. M19-4397 ________________

Michael Anthony Arcamone, Appellant,

vs.

The State of Florida, Appellee.

An Appeal from the County Court for Miami-Dade County, Betsy Alvarez-Zane, Judge.

Carlos J. Martinez, Public Defender, and Nicholas A. Lynch, Assistant Public Defender, for appellant.

Ashley Moody, Attorney General, and Christina L. Dominguez, Assistant Attorney General, for appellee.

Before LOGUE, C.J., and EMAS and SCALES, JJ.

PER CURIAM. Appellant Michael Anthony Arcamone challenges both his conviction

for misdemeanor battery and that portion of the resulting sentence imposing

a fifty-five-dollar monthly fee for supervision of his probation. Finding no

abuse of discretion in the trial court’s admission into evidence of the

investigating officer’s body-camera video of the officer’s interview with the

victim, we affirm Arcamone’s conviction. See State v. Jano, 524 So. 2d 660,

661 (Fla. 1988) (“The essential elements necessary to fall within the excited

utterance exception are that (1) there must be an event startling enough to

cause nervous excitement; (2) the statement must have been made before

there was time to contrive or misrepresent; and (3) the statement must be

made while the person is under the stress of excitement caused by the

event.”); Young v. State, 979 So. 2d 1097, 1099 (Fla. 3rd DCA 2008) (holding

that a trial court’s ruling on the admissibility of the excited utterance

exception to hearsay is reviewed for an abuse of discretion).

Because the trial court imposed a monthly probation supervision fee in

excess of Florida Statutes section 948.09(1)(b)’s forty-dollar fee without any

accompanying oral pronouncement explaining the deviation, we are

compelled to reverse that portion of Arcamone’s sentence. We remand the

case to the trial court to enter a corrected sentencing order, reducing

2 Arcamone’s probation supervision fee to forty dollars per month. See Paris

v. State, 337 So. 3d 2, 3 (Fla. 4th DCA 2022).

Affirmed in part; reversed and remanded in part.