Gardner v. State
| Decision Date | 23 December 2020 |
| Docket Number | Case No. 2D19-1161 |
| Citation | 308 So.3d 1106 (Mem) |
| Parties | Lori Ann GARDNER, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Howard L. Dimmig, II, Public Defender, and Richard P. Albertine, Jr., Assistant Public Defender, Bartow, for Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
In this Anders 1 appeal, we affirm Lori Ann Gardner's convictions and sentences but remand for the trial court to correct the sentencing documents. See In re Anders Briefs, 581 So. 2d 149, 152 (Fla. 1991) ; Haddock v. State, 255 So. 3d 994, 994 (Fla. 2d DCA 2018). Gardner filed a motion pursuant to Florida Rule of Criminal Procedure 3.800(b)(2) to correct the sentencing errors raised in the Anders brief—improper imposition of costs. The trial court failed to rule upon the motion within the sixty days allotted by the rule, and the motion is therefore deemed to have been denied. See Fla. R. Crim. P. 3.800(b)(2)(B). Gardner's sentences included costs of $201, pursuant to section 938.08, Florida Statutes (2019), and $151, pursuant to section 938.085. However, Gardner was not convicted of or sentenced for an offense listed in those statutes. On remand, these costs must be stricken from Gardner's sentences and the corresponding civil judgment. See Ingalls v. State, 304 So.3d 21 (Fla. 4th DCA 2020) ; Ayos v. State, 275 So. 3d 178, 182 (Fla. 4th DCA 2019) ; Gay v. State, 94 So. 3d 676, 676 (Fla. 1st DCA 2012).
Affirmed; remanded with instructions.
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...may raise unpreserved sentencing errors under a rule 3.800(b)(2) motion." 172 So. 3d at 524–25 ; see also Gardner v. State , 308 So. 3d 1106, 1107 (Fla. 2d DCA 2020) (citing to Ingalls as support for a remand to correct the "improper imposition of costs" that was raised in a 3.800(b)(2) mot......
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...a defendant may raise unpreserved sentencing errors under a rule 3.800(b)(2) motion." 172 So. 3d at 524-25; see also Gardner v. State, 308 So. 3d 1106, 1107 (Fla. 2d 2020) (citing to Ingalls as support for a remand to correct the "improper imposition of costs" that was raised in a 3.800(b)(......