GUZMAN v. STATE (2024)

District Court of Appeal of Florida, Fourth District.

Rosa Dalia GUZMAN, Appellant, v. STATE of Florida, Appellee.

No. 4D2023-0791

Decided: November 20, 2024

Carey Haughwout, Public Defender, and Robert Porter, Assistant Public Defender, West Palm Beach, for appellant. Ashley Moody, Attorney General, Tallahassee, and Heidi L. Bettendorf, Senior Assistant Attorney General, West Palm Beach, for appellee.

Appellant appeals the denial of her motion to correct a sentencing error. She claims that the court erred in imposing a twenty-five dollar community service administrative fee as a special condition of probation. Appellant argues, and the State concedes, that the fee must be stricken because it was not orally pronounced at sentencing, and it is not specifically authorized by statute or rule. We agree. See Metellus v. State, 310 So. 3d 90 (Fla. 4th DCA 2021). We therefore reverse and remand the denial of the motion to correct the sentencing error and direct that the twenty-five dollar fee be stricken from the conditions of probation.

Reversed.

Per Curiam.

Warner, Gross and Ciklin, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network