William G. Anderson v. State of Florida

FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D17-169
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WILLIAM G. ANDERSON,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Wakulla County.
James O. Shelfer, Judge.
July 11, 2018
PER CURIAM.
In Appellant’s direct criminal appeal, his counsel filed a brief
pursuant to Anders v. California, 386 U.S. 738 (1967). We agree
there are no meritorious issues for appeal, and affirm the
judgment and sentence. However, Appellant correctly argues that
the trial court erred in failing to give him notice and an
opportunity to object to the fine imposed pursuant to section
775.083 of the Florida Statutes, and the accompanying surcharge
assessed pursuant to section 938.04. Carmichael v. State, 192 So.
3d 640, 640 (Fla. 1st DCA 2016). This issue was preserved for
appeal by the denial of Appellant’s motion to correct sentencing
error. Fla. R. Crim. P. 3.800(b)(2). We therefore strike this fine and
surcharge. The lower tribunal may, but is not required to,
reimpose them on remand after following the proper procedure.
See Nix v. State, 84 So. 3d 424, 426 & n.2 (Fla. 1st DCA 2012)
(noting it may be an imprudent use of judicial resources to conduct
further proceedings to impose a fine on a defendant who is serving
a lengthy prison sentence).
WOLF, BILBREY, and KELSEY, 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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Candice K. Brower, Regional Counsel, Office of Criminal Conflict
and Civil Regional Counsel, Region One, Gainesville, and Michael
J. Titus, Assistant Regional Counsel, Office of Criminal Conflict
and Civil Regional Counsel, Region One, Tallahassee, for
Appellant, and William G. Anderson, pro se.
Pamela Jo Bondi, Attorney General, and Trisha Meggs Pate,
Assistant Attorney General, Tallahassee, for Appellee.
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