Shawn Demontrn Cooler v. State of Florida

IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
SHAWN DEMONTRE NOT FINAL UNTIL TIME EXPIRES TO
COOLER, FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
Appellant,
CASE NO. 1D15-3782
v.
STATE OF FLORIDA,
Appellee.
_____________________________/
Opinion filed August 28, 2017.
An appeal from the Circuit Court for Santa Rosa County.
John F. Simon, Judge.
Andy Thomas, Public Defender, and Joanna A. Mauer, Assistant Public Defender,
for Appellant.
Pamela Jo Bondi, Attorney General, and Virginia Harris, Assistant Attorney
General, for Appellee.
PER CURIAM.
Shawn Demontre Cooler appeals his conviction and sentence for grand theft.
We affirm on all the issues he raises except for one, the trial court’s imposition of
discretionary costs and fines of $180 and $10 under § 775.083 and § 938.04, Florida
Statutes.
We have held that trial courts imposing discretionary costs against a criminal
defendant must specifically pronounce them orally at sentencing and provide the
defendant an opportunity to contest them. Nix v. State, 84 So. 3d 424, 426 (Fla. 1st
DCA 2012). Here, the trial court orally pronounced costs and fines levied against
Mr. Cooler as a lump sum, without delineating which costs were discretionary. As
we have held before, a trial court may not impose discretionary costs without
notifying the defendant. Id. On remand, the trial court must provide notice of the
discretionary costs it plans to impose upon Mr. Cooler and give him an opportunity
to object to them, or it can strike them.
AFFIRMED in part and REVERSED in part.
ROWE, OSTERHAUS, and WINOKUR, JJ., CONCUR.
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