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Ivey v. State

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Jun 1, 2021
318 So. 3d 660 (Fla. Dist. Ct. App. 2021)

Opinion

No. 1D20-96

06-01-2021

Tyrone IVEY, Appellant, v. STATE of Florida, Appellee.

Jessica J. Yeary, Public Defender, and A. Victoria Wiggins, Assistant Public Defender, Tallahassee. Ashley Moody, Attorney General, Tallahassee, for Appellee.


Jessica J. Yeary, Public Defender, and A. Victoria Wiggins, Assistant Public Defender, Tallahassee.

Ashley Moody, Attorney General, Tallahassee, for Appellee.

Per Curiam.

This is an appeal pursuant to Anders v. California , 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), of a judgment and sentence for burglary of a conveyance and petit theft. We affirm Appellant's 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, 194–95 (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 584–85.

AFFIRMED in part, REVERSED in part, and REMANDED .

Kelsey, Jay, and Nordby, JJ., concur.


Summaries of

Ivey v. State

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Jun 1, 2021
318 So. 3d 660 (Fla. Dist. Ct. App. 2021)
Case details for

Ivey v. State

Case Details

Full title:TYRONE IVEY, Appellant, v. STATE OF FLORIDA, Appellee.

Court:FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

Date published: Jun 1, 2021

Citations

318 So. 3d 660 (Fla. Dist. Ct. App. 2021)