HICKS v. STATE (2019)

District Court of Appeal of Florida, First District.

Eldon HICKS, Jr., Appellant, v. STATE of Florida, Appellee.

No. 1D18-0320

Decided: December 31, 2019

Candice K. Brower, General Counsel, Office of Criminal Conflict and Civil Regional Counsel, Region One, Gainesville, and Melissa J. Ford, Assistant Regional Conflict Counsel, Office of Criminal Conflict and Civil Regional Counsel, Region One, Tallahassee, for Appellant; Eldon Hicks, Jr., pro se, Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.

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 felony battery, child abuse, driving while license suspended or revoked, and resisting an officer without violence. We affirm Appellant's convictions without discussion. However, the trial court erred in imposing the $500 discretionary cost pursuant to section 775.083, Florida Statutes, and the $25 discretionary cost pursuant to section 938.04, Florida Statutes without orally pronouncing either.

Accordingly, we reverse the $500 discretionary cost and the $25 discretionary cost. On remand, the trial court may reimpose these costs after providing notice to Appellant and following the proper procedures; if the trial court decides not to reimpose the costs, it can enter a corrected judgment and sentence striking them. See Nix v. State, 84 So. 3d 424, 426 (Fla. 1st DCA 2012).

Affirmed in part, Reversed in part, and Remanded with directions.

Per Curiam.

Roberts, Bilbrey, and Winokur, JJ., concur.

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