Christina Rodriguez v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledJune 17, 2020
Docket2D18-3109
StatusPublished
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Full Opinion
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
CHRISTINA RODRIGUEZ, )
)
Appellant, )
)
v. ) Case No. 2D18-3109
)
STATE OF FLORIDA, )
)
Appellee. )
________________________________ )
Opinion filed June 17, 2020.
Appeal from the Circuit Court for
Hillsborough County; Laura E. Ward,
Judge.
Howard L. Dimmig, II, Public Defender,
and Stephania A. Gournaris, Assistant
Public Defender, Bartow, for Appellant.
Ashley Moody, Attorney General,
Tallahassee, for Appellee.
PER CURIAM.
In this Anders1 appeal, Christina Rodriguez appeals four convictions from
two separate cases. We affirm the convictions and sentences without comment. But
we note that there is a discrepancy in the costs imposed, and we remand for correction.
1Anders v. California, 386 U.S. 738 (1967).
Rodriguez entered negotiated guilty pleas in both cases at the same time,
and all of the sentences were imposed at the same hearing. While this appeal of those
cases was pending, Rodriguez filed a Florida Rule of Criminal Procedure 3.800(b)(2)
motion to correct a sentencing error, asserting that the prosecution and public defender
costs that the court imposed had not been orally pronounced at sentencing, as required.
See Osterhoudt v. State, 214 So. 3d 550, 551 (Fla. 2017). The trial court agreed and
struck those discretionary costs, with the exception of the public defender application
fee, which is mandatory and does not need to be orally pronounced. See Dabel v.
State, 79 So. 3d 873, 875 (Fla. 4th DCA 2012). However, the amended sentencing
documents reflect that the clerk only struck the discretionary costs in one of Rodriguez's
two cases (18-CF-2476). We therefore remand for the clerk to fulfill the trial court's
order and strike the discretionary costs from the second case (18-CF-4445) as well.
Affirmed and remanded.
NORTHCUTT, LaROSE, and SMITH, JJ., Concur.
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