Gonse v. State, 96-02896
| Decision Date | 24 July 1998 |
| Docket Number | No. 96-02896,96-02896 |
| Citation | 713 So.2d 1114 |
| Parties | 23 Fla. L. Weekly D1717 James H. GONSE, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James Marion Moorman, Public Defender, Bartow, and Frank D.L. Winstead, Assistant Public Defender, Clearwater, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Timothy A. Freeland, Assistant Attorney General, Tampa, for Appellee.
James Gonse appeals from his judgment and sentence for DUI and driving while license suspended or revoked. We agree with Gonse that errors in sentencing require reversal and remand.
The trial court sentenced Gonse on June 5, 1996, to 51.6 months in prison, and as the State concedes, the sentencing scoresheet contains mathematical errors apparent on the face of the record. The State points out, however, that Gonse should have been scored nine points each, not six points each, for two prior felony DUI charges. The State contends that other errors on the scoresheet, if corrected, would allow the trial court to resentence Gonse to the same 51.6 month sentence, and therefore, the error is harmless.
The State's argument, however, relies upon adding four points to the scoresheet for legal status violation. While the record does contain a reference to a violation of probation on Pinellas County charges, the record does not support the State's contention that Gonse was on probation at the time of the current offenses, and the State did not make that argument at sentencing. Therefore, because we cannot conclude that Gonse's corrected sentence would be the same as his current sentence, we reverse and remand for resentencing with a corrected scoresheet.
For purposes of remand, we note that the trial court erred in imposing certain costs. The trial court improperly imposed a $1,000 public defender lien without any indication of defense counsel's hourly rate or time spent on the case. See Gilchrist v. State, 674 So.2d 847 (Fla. 2d DCA 1996); Hankerson v. State, 464 So.2d 700 (Fla. 2d DCA 1985). Second, the trial court failed to inform Gonse at sentencing, as Florida Rule of Criminal Procedure 3.720(d)(1) requires, "of the imposition of a lien pursuant to section 27.56, Florida Statutes" and of the defendant's "right to a hearing to contest the amount of the lien." See Smith v. State, 694 So.2d 838, 839 (Fla. 2d DCA 1997).
In imposing investigative costs, the trial court merely stated, ...
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Locke v. State, 97-2431
...these discretionary costs. Id. at 116 (footnote omitted). Reyes continues to be followed in the Second District. E.g., Gonse v. State, 713 So.2d 1114 (Fla. 2d DCA 1998). It also continues to be followed by other districts, including this one. See, e.g., Dodson v. State, 710 So.2d 159, 160 (......
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R.R. v. State
...amount of the lien be established by applying a reasonable hourly rate to the time the attorney spent on the case. Gonse v. State, 713 So.2d 1114, 1115 (Fla.2d DCA 1998) ("The trial court improperly imposed a $1,000 public defender lien without any indication of defense counsel's hourly rat......
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Ubertaccio v. State, 2D03-1738.
...authority or documentation; (4) $263 cost imposed for the cost of investigation, which must be stricken pursuant to Gonse v. State, 713 So.2d 1114 (Fla. 2d DCA 1998), and Reyes, 655 So.2d 111, for lack of documentation; and (5) $2 cost imposed pursuant to section 938.15, which must be stric......
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Smith v. State, 2D99-4820.
...court has reversed the imposition of investigative costs when the State has neither requested nor documented them. Gonse v. State, 713 So.2d 1114, 1115 (Fla. 2d DCA 1998). In this case, there is no record evidence that the State either requested or documented the costs incurred by the Manat......