Filed: Sep. 10, 2020
Latest Update: Sep. 10, 2020
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D18-5177 _ MICHAEL A. DUNLAP, Appellant, v. STATE OF FLORIDA, Appellee. _ On appeal from the Circuit Court for Wakulla County. James O. Shelfer, Judge. September 10, 2020 PER CURIAM. Michael Dunlap appeals his judgment and sentence for five counts of burglary of a dwelling and five counts of grand theft. We affirm his judgment and sentence, except for the assessment of the $1,000 fine and $50 surcharge. We find that the trial court erred in
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D18-5177 _ MICHAEL A. DUNLAP, Appellant, v. STATE OF FLORIDA, Appellee. _ On appeal from the Circuit Court for Wakulla County. James O. Shelfer, Judge. September 10, 2020 PER CURIAM. Michael Dunlap appeals his judgment and sentence for five counts of burglary of a dwelling and five counts of grand theft. We affirm his judgment and sentence, except for the assessment of the $1,000 fine and $50 surcharge. We find that the trial court erred in i..
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D18-5177
_____________________________
MICHAEL A. DUNLAP,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
_____________________________
On appeal from the Circuit Court for Wakulla County.
James O. Shelfer, Judge.
September 10, 2020
PER CURIAM.
Michael Dunlap appeals his judgment and sentence for five
counts of burglary of a dwelling and five counts of grand theft. We
affirm his judgment and sentence, except for the assessment of the
$1,000 fine and $50 surcharge. We find that the trial court erred
in imposing the fine and corresponding surcharge without orally
pronouncing the fine.
At sentencing, the court orally imposed $1,715 in costs and
fines but did not specify the various bases for its assessment. The
written order, however, listed a fine pursuant to section 775.083,
Florida Statutes (2017), in the amount of $1,000, with a five
percent surcharge of $50. Under section 775.083, the $1000 fine is
discretionary and may not be imposed without notice and an
opportunity to be heard. Mills v. State, 177 So. 3d 984, 988 (Fla.
1st DCA 2015) (en banc). Appellant’s counsel filed a motion
pursuant to Florida Rule of Criminal Procedure 3.800(b) below
challenging the imposition of the fine without notice, but this
motion was denied. Because the court did not follow the proper
procedure in imposing the $1,000 fine and $50 surcharge, and the
issue is preserved, the fine and surcharge must be stricken. See
id.
If the court wishes to reimpose the fine and surcharge on remand,
it may do so after providing the requisite notice and opportunity to
be heard.
Id.
AFFIRMED in part, REVERSED in part, and REMANDED with
directions.
LEWIS, B.L. THOMAS, and NORDBY, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
Candice K. Brower, Criminal Conflict & Civil Regional Counsel,
and Melissa J. Ford, Assistant Regional Conflict Counsel,
Tallahassee, for Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
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