IVEY v. STATE (2021)

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 burglary of a conveyance and petit theft. We affirm Appellant's convictions without discussion. However, the trial court improperly imposed court costs by failing to provide the statutory authority for the discretionary costs at sentencing and by failing to provide an explanation as to what the costs represent. See Oliver v. State, 75 So. 3d 349, 350 (Fla. 1st DCA 2011); Smiley v. State, 704 So. 2d 191, 194–95 (Fla. 1st DCA 1997); see also Nix v. State, 84 So. 3d 424, 426 (Fla. 1st DCA 2012). Accordingly, we reverse and remand for the trial court to have an opportunity to orally reimpose the costs pursuant to the appropriate procedure or strike the costs. See Johnson v. State, 293 So. 3d 582, 584 (Fla. 1st DCA 2020). Should the trial court strike the fines in an amended judgment, Appellant need not be present. Id. at 584–85.

Affirmed in part, Reversed in part, and Remanded.

Per Curiam.

Kelsey, Jay, and Nordby, JJ., concur.