Tyrone Ivey v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledJune 1, 2021
Docket1D20-0096
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D20-96
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TYRONE IVEY,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Madison County.
E. Bailey Browning III, Judge.
June 1, 2021
PER CURIAM.
This is an appeal pursuant to Anders v. California, 386 U.S.
738 (1967), of a judgment and sentence for burglary of a
conveyance and petit theft. We affirm Appellantโs convictions
without discussion. However, the trial court improperly imposed
court costs by failing to provide the statutory authority for the
discretionary costs at sentencing and by failing to provide an
explanation as to what the costs represent. See Oliver v. State, 75
So. 3d 349, 350 (Fla. 1st DCA 2011); Smiley v. State, 704 So. 2d
191, 194โ95 (Fla. 1st DCA 1997); see also Nix v. State, 84 So. 3d
424, 426 (Fla. 1st DCA 2012). Accordingly, we reverse and remand
for the trial court to have an opportunity to orally reimpose the
costs pursuant to the appropriate procedure or strike the costs. See
Johnson v. State, 293 So. 3d 582, 584 (Fla. 1st DCA 2020). Should
the trial court strike the fines in an amended judgment, Appellant
need not be present. Id. at 584โ85.
AFFIRMED in part, REVERSED in part, and REMANDED.
KELSEY, JAY, 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.
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Jessica J. Yeary, Public Defender, and A. Victoria Wiggins,
Assistant Public Defender, Tallahassee.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
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