HOOKS v. STATE (2022)

Appellant challenges his resentencing on remand ^* and the resentencing court's denial of his motion to correct sentencing errors filed under rule 3.800(b)(2), Florida Rules of Criminal Procedure. As preserved for review by his motion to correct sentencing errors, Appellant challenges the imposition of certain costs and the ambiguity created by the use of the term “minimum” in the written sentence.

The State concedes that the $2 cost imposed under section 318.18(11), Florida Statutes, is inapplicable to this case. The State also acknowledges, as did the circuit court in its denial of the motion to correct, that the resentencing court did not impose a mandatory minimum sentence.

Considering Appellant's challenge to the $151 costs imposed under section 938.10, Florida Statutes, Appellant was not convicted of violating the registration or reporting requirements of section 943.0435, Florida Statutes. Appellant's qualification for those reporting requirements based on his conviction for violating section 847.0135(4), Florida Statutes, does not constitute his being “in violation” of section 943.0435. Accordingly, the three entries for costs totaling $151 in the costs portion of the sentence must be stricken as unauthorized in this case.

We affirm the sentence upon remand except for the specified cost provisions and remand the case with instructions to strike the $2 cost under section 318.18(11), the $151 costs under section 838.10, and the reference to a “minimum” term of incarceration since no mandatory minimum was imposed. Because these corrections of the written sentencing document are ministerial acts, neither a resentencing nor Appellant's presence is required for this purpose.

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

FOOTNOTES

FOOTNOTE.   Appellant's original conviction and sentence were reversed in part, affirmed in part, and remanded for resentencing in Hooks v. State, 297 So. 3d 696 (Fla. 1st DCA 2020).

Per Curiam.

Bilbrey and Winokur, JJ., concur; B.L. Thomas, J., dissents without opinion.