Brandon Dawson, Appellant, v. State of Florida, Appellee. (2025)

In this Anders ¹ appeal, we affirm Appellant's convictions and sentences. However, we reverse as to the trial court's imposition of the $500 fine and related surcharge on count I.

Appellant was convicted of first-degree murder on count I of the indictment. Because this count was for a capital felony under Florida law, imposition of the $500 fine as to that count was unauthorized. See § 775.083(1), Fla. Stat. (2014) (“A person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment described in s. 775.082 ․” (emphasis added)); id. § 782.04(1)(a) (classifying first-degree murder as a capital felony); see also Carroll v. State, 392 So. 3d 1109, 1109 (Fla. 5th DCA 2024) (finding imposition of fine on a capital offense is not authorized under section 775.083(1)).

Accordingly, we affirm the convictions and sentences imposed, reverse the imposition of the $500 fine and related surcharge on count I, and remand to the trial court for the entry of an amended judgment and sentence consistent with this opinion.

Affirmed in part; Reversed in part; and Remanded with instructions.

FOOTNOTES

1.   Anders v. California, 386 U.S. 738 (1967).

Per Curiam.

Makar, Eisnaugle, and Kilbane, JJ., concur.